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U.S. Supreme Court – Inherited IRAs Not Protected in Bankruptcy

On Behalf of Phillips Law Firm, Inc. | Jun 12, 2014 | IRS Dispute |

When petitioners filed for Chapter 7 bankruptcy, they sought to exclude roughly $300,000 in an inherited individual retirement account (IRA) from the bankruptcy estate using the “retirement funds” exemption. See 11 U. S. C. §522(b)(3)(C). The Bankruptcy Court concluded that an inherited IRA does not share the same characteristics as a traditional IRA and disallowed the exemption. The District Court reversed, explaining that the exemption covers any account in which the funds were originally accumulated for retirement purposes. The Seventh Circuit disagreed and reversed the District Court.

Held: Funds held in inherited IRAs are not “retirement funds” within the meaning of §522(b)(3)(C).

CLARK ET UX. v. RAMEKER, TRUSTEE, ET AL

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