Bankruptcy exemption rules are complicated, and change from time to time.
Not exact matches
Right now for instance, if somebody came in January 1st to my office and asked me about
bankruptcy and learned that there's this
exemption rule, there's nothing preventing them from saying okay, let's hold off and not file with Goth and Company.
This
rule was created in 2005 when
bankruptcy laws were overhauled and prevents claimants from states with less favorable
bankruptcy exemptions from moving to a state with more favorable
exemptions just to file
bankruptcy.
These
bankruptcy rules focus on personal
bankruptcy exemptions.
In Clark v. Rameker (In re Clark), No. 13 - 299, the U.S. Supreme Court unanimously
ruled that inherited IRAs do not qualify under the «retirement funds»
bankruptcy exemption.
Being that the individual states set laws in regards to caps of
bankruptcy exclusions, you should at least consult a list such as 50 State Creditor
Exemption Rules, here is one from a Law Firm Duggan and Bertsch.