Rousey and the New Retirement Funds Exemption
St. John's University - School of Law
American Bankruptcy Institute Law Review, Vol. 13, p. 777, 2005
St. John's Legal Studies Research Paper No. 06-0036
This article describes, analyzes and evaluates two recent developments affecting the treatment of the retirement savings of debtors who file bankruptcy. On April 4, Rousey v. Jacoway, 125 S. Ct. 1561 (2005), interpreted problematic language in section 522(d)(10)(E) of the Bankruptcy Code to exempt from creditors such debtors' traditional (that is non-Roth) Individual Retirement Accounts. On April 20, that result was ratified and extended by provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 codified in various other subparagraphs of section 522(b) of the Code.
Number of Pages in PDF File: 25Accepted Paper Series
Date posted: February 7, 2006
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