I don't know what more to add
If your annuity is truly a tax qualified IRA annuity then it would remain safe in a bankruptcy filing. Bankruptcy can be quite complex and there is a lot at risk. You would be well advised to consult with and retain an attorney to assist you.
8 lawyers agree
General Practice Lawyer
Ask bankruptcy counsel anything to do with a possible bankruptcy. Good luck.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Family Law Attorney
If it is a real IRA, no.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
5 lawyers agree
Chapter 11 Bankruptcy Attorney
Federal law protects properly formed IRAs, even if there is no applicable sate exemption
If it is just a policy that an insurance salesman likes to call an IRA, you would need to look at the exemptions.
And take a hard look at it--insurance companies tend to charge several times as much in expenses as companies like Fidelity and Vanguard.
Contracts / Agreements Lawyer
I agree with my collegues generally, but I don't know what you mean by "an annuity IRA within an insurance co." To get an anwer you can depend upon, visit with bankruptcy counsel and provide a description of the IRA with specificity. Good luck!
This general response is not intended to be legal advice because I don't have all the facts. The particular facts in each instance will change the recommendation significantly. Any statements made in your posting on Avvo are not protected by the attorney-client privilege because they are shared with third parties. I require a written contract for legal services, so an attorney-client relationship may not be presumed merely by my response to an Avvo posting.
2 lawyers agree