the divorce provided 50% of my pendsion and 50 % of the above accounts. Can a judgement or lien be placed on either of these ; and if so are their any exemptions since their is a bankruptcy attorney by ex
The divorce court order would supersede any state-law exemption. The theory is the property was marital property and the ex is not a creditor but a co-owner. Good luck.
I am not sure I understand your query. Normally, creditors can't touch a TSP or IRA. These accounts are protected in bankruptcy in most cases. Now if you are asking whether a debtor can discharge a divorce order awarding a spouse a portion of the TSP or IRA, the answer is no for Chapter 7 and maybe (but unlikely) for Chapter 13. That is a complex question needing analysis of you divorce papers by an experienced bankruptcy attorney. In any event, get consultation in person from a local attorney.
Please note this is to be considered general advice and not legal advice about any particular situation. The answering of any question does not create an attorney client relationship and does not make the answer specific legal advice. I am an attorney admitted to the practice of law in the state of Georgia. Â
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