I have a variable annuity through TIAA-CREF. Is this income exempt in Ch. 7 Bankruptcy?
Chicago, IL
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Posted 4 months ago in Bankruptcy / Chapter 7
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The annunitant is myself. Both the owner and beneficiary of the variable annuity is my living trust. I live in Illinois.
Answers (1)Henry Repay
This attorney is licensed in Illinois.
Posted 4 months ago.
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If you are receiving regular income from it, then the income would impact your schedules and current monthly income calculation. A more important question may be the present value of the asset. This would have to be reviewed with more particularity. If this is set up as a retirement account, its value would be exempt.
The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for February through August, including wages and unemployment during that period; (2) all your bills (several months' copies neatly assembled); (3) last four years' tax returns; (4) a credit report; and (5) other information that may apply, such as copies of lawsuits. Set up an appointment at your earliest convenience to afford the most opportunity in which to be advised about your best course.
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