Friday, May 23, 2014
Patricia Robertson (Arkansas State University) and Philip L. Tew (Arkansas State University) recently published an article entitled, Retirement Funds in Bankruptcy: Clark v. Rameker, April 29, 2014. Provided below is the abstract from SSRN:
This article discusses whether those individuals who have filed for protection under Federal bankruptcy law should be permitted to shield funds in inherited Individual Retirement Accounts ("IRAs") from their creditors. Recently, two U.S. Circuit Courts of Appeals issued opposing opinions about this issue. On November 26, 2013, the U.S. Supreme Court granted certiorari in Clark v. Rameker. Oral arguments were made before the U.S Supreme Court on Monday, March 24, 2014 in this case, so a determination of this issue should be forthcoming in 2014. This article describes the relevant statutes and cases, and it analyzes arguments and public policy surrounding the issue.