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Erisa pension eligible for lump sum; is it exempt?
I disagree that it is an asset of the bankruptcy estate.
I would nonetheless exempt it.
On Nov 29, 2017 4:41 PM, "'Christine A. Kingston'
attorneychristine@gmail.com [cdcbaa]" wrote:
>
>
> It is an asset of the estate. We need to know if we can exempt it under
> the retirement account exemptions codes; knowing that the debtor can take a
> lump sum, but is choosing not to.
>
> thanks, Christine
>
> Christine A. Kingston, Esq.
> Law Office of Christine A. Kingston
>
> 5882 Bolsa Avenue, Suite 3
>
> Huntington Beach, CA 92649
>
> Office: 714-533-9210
> Fax: 714-489-8150
> Email: christine@attorneychristine.com
> Blog: www.attorneychristine.com
> ************************************************************
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> On Wed, Nov 29, 2017 at 11:33 AM, Office mitnicklaw@aol.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> And/or not property of the estate.
>>
>> Law Office of Eric Alan Mitnick
>> 21515 Hawthorne Boulevard, Ste. 1080
>>
>> Torrance, CA 90503
>>
>> (310) 792-5864 (tel)
>> (310) 347-4353 (fax)
>> MitnickLaw@aol.com
>> Sent from my iPhone
>>
>> On Nov 29, 2017, at 11:19 AM, 'Christine A. Kingston'
>> attorneychristine@gmail.com [cdcbaa] wrote:
>>
>>
>>
>> Colleagues,
>>
>> If debtor leaves funds in the ERISA pension fund, but she remains
>> eligible to take a lump sum, is it still exempt?
>>
>> Thanks, Christine
>> Christine A. Kingston, Esq.
>> Law Office of Christine A. Kingston
>>
>> 5882 Bolsa Avenue, Suite 3
>>
>> Huntington Beach, CA 92649
>>
>> Office:
>>
>>
>>
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I do not see why you can not exempt it. It is an ERISA qualified plan and the lump sum capability does not change that qualification.
By contrast, you can exempt a large 401K, even though, technically, you could liquidate it at any time (and take the tax hit).
I have no authority for this. Just my gut feeling.
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The post was migrated from Yahoo.
It is an asset of the estate. We need to know if we can exempt it under
the retirement account exemptions codes; knowing that the debtor can take a
lump sum, but is choosing not to.
thanks, Christine
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston
5882 Bolsa Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: christine@attorneychristine.com
Blog: www.attorneychristine.com
The post was migrated from Yahoo.
I am interested in this as well.
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> On Nov 29, 2017, at 11:33 AM, Office mitnicklaw@aol.com [cdcbaa] wrote:
>
> And/or not property of the estate.
>
>
> Law Office of Eric Alan Mitnick
> 21515 Hawthorne Boulevard, Ste. 1080
> Torrance, CA 90503
> (310) 792-5864 (tel)
> (310) 347-4353 (fax)
> MitnickLaw@aol.com
> Sent from my iPhone
>
>> On Nov 29, 2017, at 11:19 AM, 'Christine A. Kingston' attorneychristine@gmail.com [cdcbaa] wrote:
>>
>>
>> Colleagues,
>>
>> If debtor leaves funds in the ERISA pension fund, but she remains eligible to take a lump sum, is it still exempt?
>>
>> Thanks, Christine
>> Christine A. Kingston, Esq.
>> Law Office of Christine A. Kingston >> 5882 Bolsa Avenue, Suite 3
>> Huntington Beach, CA 92649
>> Office: 714-533-9210
>> Fax: 714-489-8150
>> Email: christine@attorneychristine.com
>> Blog: www.attorneychristine.com
>> ************************************************************
>> Confidentiality and Privilege. This e-mail message, including attachments, is intended solely for review by the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. Review by anyone other than the intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this communication. If you are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original message.
>> Tax Advice Disclosure. Any tax information or written tax advice contained in this email message, including attachments, is not intended to and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. (The foregoing legend has been affixed pursuant to U.S. Treasury Regulations governing tax practice.)
>
>
The post was migrated from Yahoo.
And/or not property of the estate.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, CA 90503
(310) 792-5864 (tel)
(310) 347-4353 (fax)
MitnickLaw@aol.com
Sent from my iPhone
> On Nov 29, 2017, at 11:19 AM, 'Christine A. Kingston' attorneychristine@gmail.com [cdcbaa] wrote:
>
> Colleagues,
>
> If debtor leaves funds in the ERISA pension fund, but she remains eligible to take a lump sum, is it still exempt?
>
> Thanks, Christine
> Christine A. Kingston, Esq.
> Law Office of Christine A. Kingston > 5882 Bolsa Avenue, Suite 3
> Huntington Beach, CA 92649
> Office: 714-533-9210
> Fax: 714-489-8150
> Email: christine@attorneychristine.com
> Blog: www.attorneychristine.com
> ************************************************************
> Confidentiality and Privilege. This e-mail message, including attachments, is intended solely for review by the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. Review by anyone other than the intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this communication. If you are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original message.
> Tax Advice Disclosure. Any tax information or written tax advice contained in this email message, including attachments, is not intended to and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. (The foregoing legend has been affixed pursuant to U.S. Treasury Regulations governing tax practice.)
>
The post was migrated from Yahoo.
Colleagues,
If debtor leaves funds in the ERISA pension fund, but she remains eligible
to take a lump sum, is it still exempt?
Thanks, Christine
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston
5882 Bolsa Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: christine@attorneychristine.com
Blog: www.attorneychristine.com
The post was migrated from Yahoo.