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Supreme Court Argument Preview: Scope of Protections for Retirement Funds in Bankruptcy Squarely at Issue
SCOTUSblog Link to more items from this source
Mar. 19, 2014
"The specific question in this case is whether those provisions exempt the $450,000 IRA that petitioner Heidi Clark inherited upon the death of her mother.... [Clark] contends that the inherited IRA remains retirement funds because they were set aside for retirement into the identified account and remain in that account.... [The trustee in Clark's bankruptcy] ... argues that funds held in an inherited IRA are not 'retirement funds' because an inherited IRA does not have the attributes of other tax-exempt retirement funds.... [T]here is no tax penalty if Ms. Clark withdraws all of the funds from the IRA immediately; all of the other funds would be subject to penalties if they were immediately liquidated.... The Justices easily could write an opinion favoring either party. So this well might be one of those cases in which the [oral] argument could tip the balance either way." [In re Clark, 714 F.3d 559 (7th Cir. 2013; cert. granted Nov. 26, 2013).]

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