Is a non matured 7 year Annuity exempt in Chap. 7 Calif. Bankruptcy ? If so under what code number? Is it similar to IRA's & 401

Asked 8 months ago - Beaumont, CA

I do not have enough Wild card left to cover it. ($21, 800.) The wild card is all used to exempt life insurance.

Attorney answers (3)

  1. Shaye Larkin

    Contributor Level 20

    4

    Lawyers agree

    Answered . You need to go over these issues with an experienced bankruptcy attorney who can examine all of your assets. You clearly have some assets here and it would be a great mistake to try to represent yourself, relying only on information received over the internet from attorneys who haven't properly interviewed you. Do yourself a favor and find a lawyer in your area by cling on the "Find a Lawyer" tab.

    The information provided herein is general information only and not legal advice. The information provided herein... more
  2. Stuart Gregory Steingraber

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You only need to use your wildcard exemption on any excess cash value life insurance beyond the existing limit ($14K or so). You don't use the wild card exemption on term insurance. This would free up your wildcard for something else.

    You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is... more
  3. Peter Maurice Lively

    Pro

    Contributor Level 8

    Answered . Bankruptcy Code Section 522(b)(3)(C) is a available to CA debtors and covers certain retirement funds. If the subject annuity qualifies under the Internal Revenue Code Section 408(b) as an individual retirement annuity, then it would be exempt under 522(b)(3)(C)'s reference to 408 of the Internal Revenue Code. If not, then you must use the CA 703 wildcard exemption to protect this asset from collection by the Chapter 7 Trustee. You should consult with an attorney familiar with bankruptcy and tax law to evaluate your particular annuity.

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