Circuit Splits & Hot Topics with Bill Rochelle
Benchnotes June 2023
Journal Issue:
Clark v. Rameker Didn’t Say that All Inherited IRAs Aren’t Exempt
In Section 522(b)(3), Congress made sure that ‘retirement funds’ are exempt in bankruptcy even if they aren’t exempt in states that don’t permit federal exemptions.
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Current Events with Bill Rochelle (and Guests!)
Survivor’s Benefits Under a Pension Plan Might Not Become Estate Property
Unlike Clark v. Rameker, where an inherited IRA wasn’t exempt, the inheritance of benefits under a pension plan might not become estate property under Section 541(c)(2).
Court: