CALIFORNIA FAMILY LAW
...Bankruptcy
......Effect on Division of Property/Debts
.........Effect on Pension/IRAs
 12 Cards On This Topic:
  • Debts owed to retirement plans are nondischargeable.
  • IRAs are exempt up to $1,245,475.
  • Debtors can exempt assets in their IRAs from the bankruptcy estate per 11 U.S.C. §522 (d)(10)(E).
  • Debtor had fiduciary duty to former spouse re undivided c/p and debt for pension benefits received prior to order excepted from discharge under 11 U.S.C. §523 (a)(4).
  • As H sole beneficiary of pension plan and sole owner of company, plan not covered by ERISA, and H's beneficial interest in plan could not have been excluded from bankruptcy estate.
  • Debtor's yearly payments per judgment dividing her and nonmarital partner's property is not exempt as retirement plan, even though measured in part by partner's pension plan.
  • Debtor's interest in retirement plan is not part of bankruptcy estate and is exempt under Code Civ. Proc. §703.140 (b)(10)(E).
  • W's right to postpetition pension payments not dischargeable by H in bankruptcy.
  • H's obligation to pay to W percentage of Navy pension is not dischargeable in bankruptcy.
  • Pension arrearages are dischargeable; obligation to make payments is not. General rule re dischargeability of MSA property settlement provisions.
  • Pension arrearages may be nondischargeable if failure to pay constitutes a conversion. Failure to pay does not, however, constitute fraud by a fiduciary.
  • Pension plan containing anti-alienation clause enforceable under ERISA is excluded from bankruptcy estate.


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