Recent Developments
European Union, Germany, Italy, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Board of directors, European Commission, European Banking Authority, ECB
Recent Developments
Belgium, Italy, Spain, United Kingdom, Banking, Competition & Antitrust, Insolvency & Restructuring, Litigation, Tax, Jones Day
Whether post-death creditor protection is available to inherited IRAs under the 2005 Bankruptcy Act has been the subject of a number of cases decided in the last several years. The argument made by bankruptcy trustees is that, on the death of the IRA owner, the IRA ceases to be “retirement funds” as it is not the retirement funds of the beneficiary. Consequently, the bankruptcy trustees argue that the inherited IRA ceases to have the protection afforded to IRAs under the Bankruptcy Code.
USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Beneficiary, United States bankruptcy court