Nope, Pat is right about the fact that it has nothing to do with retirement. I had never thought of it in terms of ERISA but figured that Mike is a smart guy so maybe he knew of an angle I hadn't considered.
I still don't see the ERISA angle with respect to the 529 Plan though that does not detract from Mike or his abilities.
Sent from my iPad
On Aug 12, 2012, at 5:40 PM, "t_mannis" wrote:
> I'm missing something. I think. Isn't a 529 plan an educational savings plan under Section 529 of the Internal Revenue Code? As its not a retirement plan, how would ERISA apply? I have a 529 issue right now, so if I'm missing something here, I'd love to know! As far as I understood, it was simply a matter of determinging whether it was property of the estate, which in turn depended upon when the contributions were made. I've already told the client we could have an issue with regard to the most recent contributions, so I'd love to be wrong.
>
> Todd Mannis
>
> --- In
cdcbaa@yahoogroups.com, Jay Fleischman wrote:
> >
> > I don't think 529 plans are ERISA-qualified; then again, I've not looked at
> > the Plan documents. Off to do just that, so thanks for the idea.
> >
> > On Fri, Aug 10, 2012 at 2:18 PM, Michael Grennier wrote:
> >
> > > **
> > >
> > >
> > > Hi Jay. Generally it's CCP 704.110 and 704.115
> > >
> > > Michael Grennier
> > >
> > > On Fri, Aug 10, 2012 at 2:10 PM, Jay Fleischman wrote:
> > >
> > >> **
> > >>
> > >>
> > >> Folks, I know 541(b)(6) allows for the exemption of 529 plans with
> > >> certain exceptions. Where in the California exemption scheme can I find
> > >> something that speaks to this issue?
> > >>
> > >> Thanks in advance.
> > >>
> > >> -------------
> > >> Jay S. Fleischman, Esq.
> > >> Shaev & Fleischman, LLP
> > >>
> > >> Email isn't secure, so it's not confidential. By communicating with me
> > >> by email, you understand that it's not confidential.
> > >>
> > >
> > >
> > >
> > > --
> > > *Grennier Law, PC*
> > > *#1 Bankruptcy Filing Attorney in Ventura Co*
> > > *5851 Thille Street, Suite 103*
> > > *Ventura, CA 93003*
> > > (805) 643-3900
> > > (805) 830-0467 - Fax
> > > grennierlaw.com
> > > nopainbk.com
> > >
> > >
> > > This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only
> > > for the use of the Individual (s) named above. If you are not the intended
> > > recipient of this e-mail, or the employee or agent responsible for
> > > delivering this to the intended recipient, you are hereby notified that any
> > > dissemination or copying of this e-mail is strictly prohibited. If you have
> > > received this e-mail in error, please immediately notify us by telephone at (805)
> > > 643-3900 or notify us by e-mail
> > > at: grennierlaw@...
> > >
> > >
> > >
> > >
> > >
> >
>
>
Nope, Pat is right about the fact that it has nothing to do with retirement. I had never thought of it in terms of ERISA but figured that Mike is a smart guy so maybe he knew of an angle I hadn't considered.I still don't see the ERISA angle with respect to the 529 Plan though that does not detract from Mike or his abilities.Sent from my iPadOn Aug 12, 2012, at 5:40 PM, "t_mannis" <
toddlaw@dslextreme.com> wrote:
I'm missing something. I think. Isn't a 529 plan an educational savings plan under Section 529 of the Internal Revenue Code? As its not a retirement plan, how would ERISA apply? I have a 529 issue right now, so if I'm missing something here, I'd love to know! As far as I understood, it was simply a matter of determinging whether it was property of the estate, which in turn depended upon when the contributions were made. I've already told the client we could have an issue with regard to the most recent contributions, so I'd love to be wrong.
Todd Mannis
a>, Jay Fleischman <bankruptcy@...> wrote:
>
> I don't think 529 plans are ERISA-qualified; then again, I've not looked at
> the Plan documents. Off to do just that, so thanks for the idea.
>
> On Fri, Aug 10, 2012 at 2:18 PM, Michael Grennier <grennierlaw@...>wrote:
>
> > **
> >
> >
> > Hi Jay. Generally it's CCP 704.110 and 704.115
> >
> > Michael Grennier
> >
> > On Fri, Aug 10, 2012 at 2:10 PM, Jay Fleischman <bankruptcy@...>wrote:
> >
> >> **
> >>
> >>
> >> Folks, I know 541(b)(6) allows for the exemption of 529 plans with
> >> certain exceptions. Where in the California exemption scheme can I find
> >> something that speaks to this issue?
> >>
> >> Thanks in advance.
> >>
> >> -------------
> >> Jay S. Fleischman, Esq.
> >> Shaev & Fleischman, LLP
> >>
> >> Email isn't secure, so it's not confidential. By communicating with me
> >> by email, you understand that it's not confidential.
> >>
> >
> >
> >
> > --
> > *Grennier Law, PC*
> > *#1 Bankruptcy Filing Attorney in Ventura Co*
> > *5851 Thille Street, Suite 103*
> > *Ventura, CA 93003*
> > (805) 643-3900
> > (805) 830-0467 - Fax
> > grennierlaw.com
> > nopainbk.com
> >
> >
> > This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only
> > for the use of the Individual (s) named above. If you are not the intended
> > recipient of this e-mail, or the employee or agent responsible for
> > delivering this to the intended recipient, you are hereby notified that any
> > dissemination or copying of this e-mail is strictly prohibited. If you have
> > received this e-mail in error, please immediately notify us by telephone at (805)
> > 643-3900 or notify us by e-mail
> > at: grennierlaw@... <at%3Alrozalyn7345@...>
> >
> >
> >
> >
> >
>
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