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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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i am about to file chapter 7 in new jersey. will my personal

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i am about to file chapter 7 in new jersey. will my personal roth ira (not a work related account)be attacked by the creditors. if it is i will not contribute this year. what should i do.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 8 years ago.



Your Roth IRA cannot be seized by the Trustee to pay your creditors if you file Chapter 7. It is exempt from creditors. However, be careful about contributing to your IRA as they could accuse you of transfering the money into the IRA because it is exempt, and therefore be a fraudulent transfer. I would suggest waiting to contribute this year, knowing that the account will be there when the bankruptcy is discharged and contribute a bit more next year.


Here is the law:

Trust containing personal property created pursuant to federal tax law, including 401(k) plans and higher education (529) savings plans, IRAs, Roth IRAs Excluded from bankruptcy estate
N.J. Stat. Ann. § 25:2-1

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