Skip to main content
(404) 685-8800 Contact Us
Appeals courts differ on inherited assets in bankruptcy Atlanta, GA

Personal Attention & Experience Since 1971 Family-Owned, Family Focused

Client Reviews

Appeals courts differ on inherited assets in bankruptcy

Judge Gavel, Scales of Justice and legal books on the desk

When Georgia residents are considering filing for bankrutpcy under either Chapter 7 or Chapter 13, it is crucial to consider the impact the filing will have on all of one’s assets. A big part of the bankruptcy process is reorganizing assets and figuring out the best way to pay off creditors or discharge debts. When this is happening it can seem like payment-hungry creditors will take anything they can find to satsify a debt.

However, filing for bankruptcy doesn’t have to mean giving up everything with monetary value, and in fact there are some assets that courts consider exempt from bankruptcy, including some inherited assets. For example, depending on how a trust is structured, the principle amount in the trust may be out of reach of creditors. 

In a recent decision, the Seventh Circuit Court of Appeals split from other jurisdictions and ruled that the IRA account that someone had inherited from their mother could be accessed by creditors. This ruling does not impact Georgia directly because of the jurisdiction, but bankruptcy law is created and administered on the federal level, making uniformity across the country very important. 

The discrepency between this decision and previous rulings by federal bankruptcy courts has caused some experts to suggest that this matter should be reviewed by the United States Supreme Court so that people who choose to declare bankruptcy will know what to expect in terms of inherited assets. The outcome could signficant impact the cost-benefit anaylsis that goes into choosing to file for bankruptcy. 

Source: Thomson Reuters News & Insight, “In circuit split, court says inherited IRA fair game in bankruptcy,” Nick Brown, April 24, 2013.

Posted on behalf of Gingold & Gingold

1718 Peachtree St NW, #385
Atlanta, GA 30309

Phone: (404) 685-8800

First Free
Appointment




Disclaimer Privacy Policy

I have read the Disclaimer and Privacy Policy

Our Client Reviews

Gingold & Gingold LLC
5.0 / 5.0

Based on 28 reviews

Jack L.

They did an excellent job with my case. Jamie took the time to really listen and understand things. She delved into the details and was extremely knowledgeable and non judgmental. Very professional and they know what they are doing. Would definitely recommend!

All C.

Mr. Gingold was recommended by an attorney I had worked with previously. I met with Ira Gingold to discuss credit issues. He went over each specific issue thoroughly. He advised me of the potential outcomes. He did all this in one meeting for a very reasonable price. When we finished I was confident in moving forward with a resolution. He definitely wants to help people take the appropriate course of action for their circumstance.

Karen B.

Dear Mr Gingold, There are so many reasons to be thankful for all you have done and will do. Anyone who has ever had unfavorable experiences with an attorney or the legal system will feel the trepidation that I experienced once I realized that my situation seemed hopeless. It was by chance and happily good luck that I decided to put my future and sanity into your hands. I was mortified at having to deal with my debts by claiming bankruptcy. I remember in our first meeting how you assured me that I was not alone and should not feel ashamed. And, anyone in this position obviously does not have money to spare and you were clear about all the costs and allowing me to pay according to my own ability to do so. You advised me in all aspects of the law, but also, you were at each meeting incredibly supportive and complementary of my personal and professional plans. Anyone else in this situation should feel blessed to have access to your expertise and support.

Lyla B.

I thought the process of filing bankruptcy was going to be a difficult one. However, Gingold & Gingold treated me with respect and dignity from the moment I walked through their door. I had the pleasure of working with Jamie. She is very responsive, professional, and knowledgeable. She took the time and listened to my every concern and handled each and every one of them to my satisfaction. My experience with filing bankruptcy under Gingold & Gingold's representation exceeded my expectations in a major way. They gave me such a peace of mind. I am very pleased with my decision of going with Gingold & Gingold to represent me when I filed Chapter 13 bankruptcy.

Julie T.

Wow! I am finally out of debt and can say that I am debt free after completing my chapter 7 bankruptcy case with Gingold and Gingold. Mr dangled was very knowledgeable and direct with regard to my debt situation. there were no surprises and the case went as I was advised. The staff was also very helpful whenever I had a question. I will definitely recommend them in the future to my friends.

Sherard W.

I cannot say enough about this law firm. From the initial consultation to our discharge, the entire office kept me updated with every step of the entire process. I came to the Gingold after a bad experience with another law firm. Ira and Jamie immediately began treating me like family through this experience. In the end, they assisted with eliminating many debts including my 2nd mortgage. I cannot say enough about the experience and knowledge that Ira brought to the table from the office visits to the court time. Thank you very much for helping me through this tough time. Thank you.

Write a review