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Retirement Plan › Creditors

DarrowEverett LLP

Deferred Pay at Risk: The Hidden Dangers of Rabbi Trusts

DarrowEverett LLP on

News that Steward Health Care executives may lose millions in unqualified retirement savings due to the company's use of a "rabbi trust" has sent a jolt through the ranks of corporate leadership. Steward's deferred...more

Arnall Golden Gregory LLP

Do You Get To Keep Your Roth IRA Even if You File Bankruptcy? In Georgia, Yes, Says the Eleventh Circuit

Arnall Golden Gregory LLP on

In an issue of first impression, the Eleventh Circuit Court of Appeals has ruled that a Roth IRA is not property of a bankruptcy estate in Georgia. Hoffman v. Signature Bank of Georgia, Case No. 20-12823 (11th Cir. Jan. 24,...more

Kerr Russell

Politics And Insolvency: The Saga Of Delphi Retirees

Kerr Russell on

In every insolvency or bankruptcy proceeding, there are winners and losers. Senior secured creditors are often paid in full while general unsecured creditors receive pennies on the dollar. Typically, who gets paid and who...more

Cohen Seglias Pallas Greenhall & Furman PC

Asset Protection 101: Are You and Your Family Protected from Litigation, Creditors, and Divorce?

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Presented by Cohen Seglias Attorneys Brian Lawton and Whitney Patience O'Reilly on January 23, 2020. It can take years to accumulate assets and increase the value of your business and investments. Unfortunately, without an...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Asset Protection 101: Are You and Your Family Protected from Litigation, Creditors, and Divorce? - January 23rd, 12:00...

Cohen Seglias Pallas Greenhall & Furman PC on

It can take years to accumulate assets and increase the value of your business and investments. Unfortunately, without an asset protection plan, you could lose everything or a significant portion of what you have worked so...more

Flaster Greenberg PC

Inconsistent Rulings Should Cause an IRA Beneficiary to Consider Alternative Inheritance Methods

Flaster Greenberg PC on

Despite the differing treatment of inherited IRAs under Federal, New York, and New Jersey law, clients may be best served to inherit IRAs in trusts or other asset protection vehicles rather than outright so as to provide an...more

Clark Hill PLC

Collection of Funds in Individual Retirement Accounts: Are They Really Exempt?

Clark Hill PLC on

This article explores the assumption that IRAs are fully exempt from attachment by judgment creditors. Recently, Clark Hill argued that a judgment debtor's use of IRA funds for purposes that were not intended by Illinois...more

Stinson - Benefits Notes Blog

You Cannot Take The Embezzler’s 401(k) Plan Balance

Stinson - Benefits Notes Blog on

Many employers know that with few exceptions a participant’s benefit in a tax qualified retirement plan is protected from the participant’s creditors. One exception is for court orders, known as qualified domestic relations...more

Sheppard Mullin Richter & Hampton LLP

Bankrupt Municipality May Reduce Retiree Benefits

Sheppard Mullin Richter & Hampton LLP on

The bankruptcy of the largest U.S. city to file a chapter 9 bankruptcy petition has yielded a decision with serious implications for municipal creditors. Specifically, the United States Bankruptcy Court for the Eastern...more

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