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BK / Civil Judgement Questions

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    BK / Civil Judgement Questions

    Hello - I anticipate having a large civil judgement rendered against me sometime in the next 3-4 months. In order to avoid having my wages garnished and bank accounts seized I will probably file for BK. I have a few questions though I need help with.

    I am the benficiary of a Irrevocable Trust - is my share in the trust exempt.

    Is my Rollover IRA & workplace 401k exempt.

    Once the judgment is obtained against me and I file for BK will I avoid having to show up for a debtors exam?

    I have very little debt other than the potential for this judgement and it will be so large that my assets (even including the trust) would only cover a small portion of it.

    Any suggestions or advise would be appreciated. Thanks.

    #2
    ERISA qualified retirement accounts are exempt from creditor seizure. No idea about the trust.
    The automatic stay will halt all collection activity including the debtors exam.
    Does the judgment involve dmages from DUI, fraud, etc? If so those judgments survive bk.

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      #3
      thanks

      it will end up being negligence, nothing criminal or intentional. I have read some conflicting info on IRA's. I see there is a $1 million Federal limit but the court can also determine what is neccesary for my support (given the amount I have saved already and my age etc) and order the rest to be paid to creditors - anyone have experience with this?

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