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CalAttorney2
CalAttorney2, Attorney
Category: Bankruptcy Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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Is a standard IRA protected from a judgement or do I need to

Customer Question

Is a standard IRA protected from a judgement or do I need to do a BK to protect it?
Submitted: 2 months ago.
Category: Bankruptcy Law
Expert:  CalAttorney2 replied 2 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 2 months ago.

Dear Customer,

While some retirement accounts are protected from collection in CA, traditional IRAs are not - see: https://www.nolo.com/legal-encyclopedia/are-my-retirement-accounts-protected-from-judgment-creditors-california.html for a good summary.

Bankruptcy can add some level of protection to that, but again, traditional IRAs are not given the same protection as other retirement funds - see: http://www.nolo.com/legal-encyclopedia/retirement-plan-bankruptcy-chapter-7-13-32410.html

If bankruptcy is looking like it might be a possibility (or even if you are looking for ways to deal with a judgment against you and you want more specific options to fit your financial portfolio), I strongly recommend working with a bankruptcy or insolvency attorney - they can help you plan out your bankruptcy or debt repayment plan to maximize your financial benefit post discharge or after collection (this is the skill in bankruptcy planning that you are hiring the attorney for, and it takes planning, so talking to one earlier rather than later is key). Bankruptcy attorneys are specialists in dealing with debt, so they will have options for you outside of bankruptcy if appropriate. (Do shop around if you find that your first call is to a "bankruptcy mill" (a firm that simply churns out filings as quickly as possible), you may need to look elsewhere).

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