Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
What state do you reside in and what is the amount of the judgment?
Are you retired?
Qualified retirement plans and IRAs are protected under the new bankruptcy legislation.
Outside of bankruptcy, ERISA provides nearly unlimited antialienation protection to qualified retirement plans (pensions, profit-sharing and 401(k) plans). State law generally protects traditional and Roth IRAs.
SEP and SIMPLE IRAs and owner-only plans, however, require additional planning to insulate them from creditor claims.
See links below regarding NJ Statute 25:2:1(b) and qualifying trusts such as 401ks being exempt from the claims of creditors.
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