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Author: joelcorley Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 308782  
Subject: Re: Throwing in the towel... BK inevitable Date: 11/26/2012 2:32 PM
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NoIDAtAll,

You wrote, IIRC, your retirement accounts are sheltered...

I thought I'd point out that in some cases IRA accounts may not enjoy the same protections as other retirement accounts. Virginia (the OP's state) for instance does not exempt all IRA assets. See:

http://www.racklaw.com/pdfs/Law_Library/estate-planning/IRA%...
http://moranknobel.com/news/State_Laws_Protecting_IRAs.pdf

On the other hand this probably doesn't affect most people filing bankruptcy. But they shouldn't assume protections will be automatic because there may be limits imposed and there may be motions their lawyer must make in a timely manner to shield retirement assets. They need to be aware of these issues, ask questions and make sure their attorney stays on top of the necessary filings.

And if anyone here has specific questions, they should seek the advice of a bankruptcy attorney licensed to practice in their state. This board is hardly the place for that advice.

- Joel
Who is not a lawyer...
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