An Inherited IRA Is Different From Other Types Of IRAs

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Can an IRA (individual retirement account) inherited from a relative be exempted by a debtor in bankruptcy?  No, says a recent Kansas bankruptcy judge’s decision.  The case was In Re Mosby (14-22981), decided in June 2015 by Judge Dale Somers.  The facts were interesting.

The debtor filed a voluntary petition under Chapter 7 on December 29, 2014. The debtor claimed Jackson Life IRA valued at $15,015.50 as exempt under various Kansas statutes, including K.S.A. 60-2308, 60-2308(b), and 60-2313(a)(1).

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