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Need info on ERISA Qualified retirement assets being untouchable in Colorado

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  • Need info on ERISA Qualified retirement assets being untouchable in Colorado

    Trustee filed an objection to my retirement assets being exempt. No clarification but judge set a hearing. I called an attonrey who said this might just be a fishing expedition.

    Trustee is a pain, filed other APs looking for what isn't there because she abandoned what was there.

    My concern is that I was awarded $930,000 of 2 ERISA qualifiedretirement plan assets and IRAs back in 2005 as result of a divorce. Never got the money...if I had I wouldn't have needed to file for bk in the first place. Ex is still trying to get out of paying the full $930k ( he is plan administrator). Part of the $930k (210k) is for my share of the valuation of his business that he asked and was granted to be awarded from his share of retirement to my share of retirement. I'm worried that this could be what the trustee is after??????????

    So...is my ERISA qualified share /QDRO enfroced absolutely protected from the Trusstee's claws as long as I can prove it remains IRS taxdeferred? Or do I need to hire another attorney that I just can't afford at the mo?

  • #2
    omg it gets worse and worse.
    Have you heard back from Oprah?

    Keep On Smilin'

    Comment


    • #3
      Perhaps the value of that plan has grown to past $1M; anything above that amount is confiscatable. And if that $210K is not part of the retirement account, of course, the trustee would like to get his paws on it!

      Perhaps it is a fishing expedition, but there's some nice trophy fish swimming around, so the trustee just wants to investigate all avenues.

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      • #4
        True ERISA plans are completely outside of the BK trust with no limit that I am aware of. The $1M or so limit is for IRAs and other retirement plans that are not true ERISA plans. There are cases where professionals have set up retirement plans for themselves and no one else and tried to hide money from the trustee. They were not set up and run in accordance with ERISA rules and the trustee got the money for the unsecured creditors. You need to get information on the ERISA plans you will be getting money from and be sure they are really ERISA qualified plans and have been maintained in accordance with ERISA requirements.

        Trustees are supposed to go fishing when they smell money. It it their job.
        Lawyer - $3000
        Filing fee - $299
        Fresh Start - Priceless

        Comment


        • #5
          WOW...I haven't posted in a LONG time, but then got an email that someone had replied to this old post.
          So..while I should post an update elsewhere, I will say that the trustee got/found/took NADA. She tried to
          get money back from that which I paid monthly on a secured loan for investment property. Weird. It was all a put up job
          by ex's bk attorney...who was himself a trustee and screwed with my bk so that I couldn't buyout my ex's share of my home.
          Funny tho, that it seems that if you just stand your ground, the trustee finally gives up. Of course in my case, her digging was
          w/o any basis...so I ccan't say if this would be the case if someone had done something iffy.

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          • #6
            Hey CoBelle, been wondering how you are doing.... I do sometimes scratch my head at how these ancient posts get dredged up tho

            Keep On Smilin'

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            • #7
              Damn the Spam!
              All information contained in this post is for informational and amusement purposes only.
              Bankruptcy is a process, not an event.......

              Comment


              • #8
                I was wondering why CB would be reviving this. Miss her unique posts.

                Des.

                Comment


                • #9
                  Yep, hers was quite a story. I wonder how she's doing now.
                  CB, if you are out there somewhere.... fill us in with DETAILS.

                  Keep On Smilin'

                  Comment


                  • #10
                    ahhhhhhhh i remember her well! certainly would like to know the ending of that story, poor thing was going through so much.
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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