What assets are protected if an individual files bankruptcy?

Personal Finance, IRAs, Real Estate
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1 week ago


SEP-IRAs are protected while working for the employer. However, there is some controversy as to how the assets in a SEP may be viewed if employment is terminated. They could be viewed as IRA assets. IRA assets currently have protection up to $1,283,025, and are scheduled for adjustment due to inflation in April 2019. There could be additional protections in the state you reside.

There is a detail to consider here. These are the rules for bankruptcy. Ourtside of bankruptcy there is less protection. You would need to consult state law (strongly suggest an attorney) to see what your protections would be. Also, though not part of your question, all bets are off for inherited IRAs. 

As for the home owner question, this is a legal question. Much depends on the type of bankruptcy, your state, and the amount of equity. There is something called a "Homestead Exemption" that protects a portion of your equity. However, this is something you need to discuss with a qualified attorney.