Trustee objection to IRA exemption "necessary for
Posted: Fri Sep 20, 2019 2:26 pm
How large? What type of retirement account? Are you taking advantage of 522(b)(3)(C)?
522(b)(3)(C) allows "stacking" of CA exemption andretirement funds to the extent that those funds are in a fund or account that is tax-exempt under Sec. 401, 403, 408, 408A, 414, 457, or 501(a), up to the 522(n) limit. Rept No. 109-31, 109th Cong., 1st Sess., part 1, at 6364 (2005).
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On Friday, September 20, 2019, 01:58:04 PM PDT, Jim Selth jim@wsrlaw.net [cdcbaa] wrote:
Hello Colleagues:
The Chapter 7 Trustee is objecting to my clients exemption of his (large) IRA account on the grounds that it is not necessary for the support of the debtor in retirement. Have any of you retained the services of an accountant as an expert witness in such a case? Any referrals would be appreciated.
Jim
James R. Selth
Certified Bankruptcy Specialist*
Weintraub & Selth, APC
11766 Wilshire Boulevard, Suite 1170
Los Angeles, California 90025
(310) 207-1494 Phone
(310) 442-0660 Fax
jim@wsrlaw.net
www.wsbankruptcylaw.com
*Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
Commissioner, Bankruptcy Law Advisory Commission, State Bar of California (2015-2019).
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