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Sect.529/Stocks held in trust

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    Sect.529/Stocks held in trust

    My children have Section 529 (college savings) that we've contributed to and my son also has a mutual fund with BofA (which is one of our creditors).

    I'm assuming that since the plans/funds are under their SS# and held in trust for them, that our creditors can not touch them even with a cross-collaterization?
    over $100K cc debt,$20K taxes,$332K mortgages/value $190K,surrendered
    Confirmed, $801/month 56 down,4 to go

    #2
    I would say that they are out of reach of creditors. But you do have an affirmative defense if someone tries to mess with them. I won't even speculate, but you shouldn't have an issue.

    Specifically, the Bankruptcy Code in 11 USC 541(b)(5)-(6) protects them if you meet the criteria listed there. There is also a monetary limit, but I don't know how it applies.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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