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Bankruptcy

Are ROTH accounts subject to seizure in bankruptcy proceedings?

Keith Marshall
Atlanta, GA



It depends...

The answer to this question is going to depend upon your state's bankruptcy laws. Pensions are exempt under federal bankruptcy laws, but state law does not have to follow the federal exemption list. Therefore, amounts in a pension plan may be completely exempt from seizure, they may be exempt from seizure up to a certain dollar limit or they might not be protected at all. For example, North Dakota's bankruptcy exemption amounts include Roth IRA's but are subject to a relatively small exemption amount.
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