An Inherited IRA is Not a ‘Retirement Fund?’ Not a Problem, ‘Trust’ Me

By Kristi R. Sutton, J.D. Candidate, Class of 2015, Penn State The Dickinson School of Law

In light of In re Clark, where the Supreme Court held that Inherited IRA’s are not “retirement funds” within the meaning of § 522(b)(3)(c), the next question for bankruptcy attorneys should be, “now what?” What options are available for people wishing to protect their children’s future assets from creditors? This is where Bankruptcy Law and Estate Planning converge.

In this article, I hope to familiarize bankruptcy practitioners with an option likely to become common advice . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

September 15, 2019
By The Honorable William Houston Brown (Retired) Legal rate of interest applies after foreclosure judgment. Applying New Jersey common law on merger, the mortgage was merged into a final order of judgment of foreclosure; therefore, the mortgage was no longer the basis for determining post- judgment interest. The debtor obtained a sale from which the mortgage creditor would be paid,...
Members
DSC09148
August 18, 2024
Bankruptcy Courts are beginning to get a whiff of the fringes of the marijuana industry. Namely, is it automatically bad faith for “Bud” to propose a plan when his income is derived from a perfectly legal (as far as the state is concerned) business? Attorney Gieseke brings Academy readers an up to date look at what courts are saying.
Members
NalikoMarkel-150x150
February 19, 2023
At the NACTT 2023 Mid-Year Trustee Meeting in January the presentation that resonated the most with me was one about the dark web. The presenter, Mark Lanterman (CTO Computer Forensic Services), said something that haunts me still: your biggest security risk is your people. Mind blown. We spend so much time, energy, and resources on physical security and network security,...
Members
davis26
February 1, 2026
The highest profile disposable income issue today—one that many thought was destined for the Supreme Court in 2025—is the deduction for retirement contributions.
Members
joseph 12-2024
January 21, 2024
“Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”
Members
March 8, 2020
By The Honorable William Houston Brown (Retired) Plan did not properly address 910 creditor’s liens. Finding that the plan did not satisfy one of the three options for addressing a secured claim under § 1325(a)(5), specifically failing to provide for the 910 creditor’s retention of lien, the Panel observed that in response to the creditor’s objection to confirmation, the debtors...
Members
schantz
November 19, 2023
It is with sadness that we report the passing of William (“Bill”) Schantz formerly of the Office of UST.
November 3, 2019
By Gretchen Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The hanging paragraph of § 1325(a)(9) prevents bifurcation of a PMSI claim if the collateral securing it was purchased within certain time periods prepetition. A 910-day limitation applies to motor vehicles acquired for the debtor’s personal use. A one-year limitation applies to all other PMSI collateral,...
Members
RyanB
Spoofing scams hit with $10.5 trillion warning! If it were measured as a country, cybercrime would be the world’s third-largest economy after the United States and China. As its frequent mention in the news cycle demonstrates, no industry is immune – including the legal profession.
Members
Wilson-Aguilar_Jason_PP
November 23, 2025
What if the conference you thought wasn’t meant for you turned out to be the one that could transform your practice? The NACTT conference may be the most valuable three days of your year!

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: