Brighton, CO asked in Bankruptcy for Colorado

Q: Is an ira exempt from bankruptcy.

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1 Lawyer Answer

A: Colorado Revised Statutes § 13-54-102(1)(s) exempts IRAs (individual retirement accounts) from liquidation in bankruptcy. In order to qualify for the exemption, the funds must be "held in or payable from" the IRA - this means that the funds must stay in the IRA in order to remain protected. In most cases, if you take money out of the IRA before filing bankruptcy, the funds that you have taken out will not be protected.

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