I am in a chapter 11 bankruptcy, can I open up an ira account?

Asked over 1 year ago - Las Vegas, NV

filed two years ago to stop a foreclosure and negotiate a modification on our home. Did not file for credit card debt. The note had been sold several times and also again during the bankruptcy.

Attorney answers (4)

  1. Michael Avanesian

    Pro

    Contributor Level 16

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    Answered . Are you sure you are in a Chapter 11 and not a Chapter 13? I can't imagine why you would be here talking with us if you worked closely with your counsel and it was able to confirm a Chapter 11 Plan of reorganization.

    Usually, the Plan governs everything. If there was no "(a)(15)" objection, you can do whatever you want with excess disposable income, including paying into an IRA. Even if your lawyer is $600 per hour, spend $600 bucks for an hour of their time so you don't do anything that interferes with your Chapter 11.

    If you don't trust your attorney (which you shouldn't) then I recommend you get a new one to take a look.

    The reason I wouldn't trust your attorney is what is all this garbage about not including credit card debt? there is no such thing as that. You MUST include all debt!!

    Be sure to designate "best answer." If you live in S. California, you may call my firm for a consultation 818-507-... more
  2. David Lloyd Merrill

    Pro

    Contributor Level 15

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    Answered . Typically not, but speak with your bankruptcy counsel about this. Paying yourself via IRA before paying your creditors can spell disaster for the success of your case potentially.

    The concept of 'not included' is a misnomer for any kind of debt in bankruptcy: if it is a personal case (which it sounds as though it is ) it IS included and you must address it.

    As says before, talk to your lawyer right away as is seems there are major issues facing you as well as a misunderstanding about the process in general.

    Good luck!

  3. Richard Edmund Hawkins

    Pro

    Contributor Level 16

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    Lawyers agree

    Answered . There are multiple things wrong with what you wrote here.

    You need to talk to you bankruptcy attorney. If you are trying to do an 11 without one, no sane qualified attorney is going to advise you on this over the internet, any more than you could get advise on your own brain surgery.

    On top of that, you don't "not file for credit card debt." *YOU* file, and you are obligated to disclose everything.

  4. Robert A. Stumpf

    Contributor Level 19

    2

    Lawyers agree

    Answered . I doubt you are actually in Chapter 11. It's much, much more likely you are in a chapter 13, unless possibly your attorney filed an 11 for you because your debt level was too high? It's possible, but rare.

    Assuming you do have a plan payment you are making to a confirmed Chapter 13 plan, yes, you could open an IRA. Your lawyer should be directing you, however, especially if you now have the ability to contribute to an IRA if your income has increased.

    This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help... more

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Chapter 11 bankruptcy

Businesses deeply in debt have the option of filing for Chapter 11 bankruptcy. Chapter 11 lets a business plan for repayment while still operating.

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