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Non-compliant plan is exempt in bankruptcy (access required)

Published: April 27, 2012

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A retirement plan that was not technically “tax qualified” under federal law is exempt from the taxpayer’s bankruptcy estate, the 10th Circuit has ruled in applying Utah law.

Non-compliant plan may be exempt in bankruptcy (access required)

Published: December 28, 2011

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A retirement plan that was not technically “tax qualified” under federal law may still be exempt from the taxpayer’s bankruptcy estate, the Utah Supreme Court has ruled in answering a certified question from a U.S. District Court.

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