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- Title
Will Retirement Assets Survive a Bankruptcy?
- Authors
Deppe, E. DeVon; Jorgensen, Jerry L.; Mano, Ronald M.
- Abstract
There is a basic conflict between federal laws governing retirement plans and bankruptcy. ERISA attempts to provide funds for retirement that cannot be alienated by creditors. The latest federal bankruptcy act tries to include in the bankruptcy estate all property in which the debtor has a legal or equitable interest. The line between the two acts is unclear. This article analyzes the bankruptcy cases involving retirement plans that have reached the federal appeals level and considers the likelihood of various types of retirement plans being included in the bankruptcy estate. A consistent theory in deciding future cases also is suggested.
- Subjects
PENSION laws; BANKRUPTCY; RETIREMENT policies; RETIREMENT planning; CONFLICT of laws
- Publication
Benefits Quarterly, 1989, Vol 5, Issue 3, p43
- ISSN
8756-1263
- Publication type
Article