Search
 

Fifth Circuit rules bankruptcy trustees can't have chapter 7 debtors' IRA funds

A court has ruled that a trustee is not allowed to claim a debtor's IRA even if the debtor cashes out their IRA during the bankruptcy.

By John Council | Updated on September 07, 2017
A court has ruled that a trustee is not allowed to claim a debtor's IRA — even if the debtor cashes out their IRA during the bankruptcy.

In an important personal bankruptcy decision, the U.S. Court of Appeals for the Fifth Circuit has ruled that once a Chapter 7 debtor claims an exemption for their individual retirement account, a trustee is not allowed to claim that money — even if the debtor cashes out their IRA during the bankruptcy.

The Fifth Circuit’s recent decision in Hawk v. Engelhart is the appellate court’s second try at an issue of first impression: whether a debtor who withdraws funds from their IRA and doesn’t deposit the funds into another retirement account within 60 days loses the exemption pursuant to Texas law.

Complete your profile to continue reading and get FREE access to BenefitsPRO.com, part of your ALM digital membership.

Your access to unlimited BenefitsPRO.com content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Critical BenefitsPRO.com information including cutting edge post-reform success strategies, access to educational webcasts and videos, resources from industry leaders, and informative Newsletters.
  • Exclusive discounts on ALM, BenefitsPRO magazine and BenefitsPRO.com events.
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com

Already have an account?

NOT FOR REPRINT

© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Dig Deeper

Recommended Stories

BenefitsPRO

Join BenefitsPRO

Don’t miss crucial news and insights you need to navigate the shifting employee benefits industry. Join BenefitsPRO.com now!

  • Unlimited access to BenefitsPRO.com - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com
  • Exclusive discounts on BenefitsPRO.com and ALM events.

Already have an account? Sign In Now
Join BenefitsPRO

Copyright © 2025 ALM Global, LLC. All Rights Reserved.