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In the State of Connecticut, whether you file bankruptcy using the federal of state exemption system, as a general rule, authorized retirement funds properly funded under Federal and IRS law, which are ERISA qualified, such as IRA’s, 401Ks and the like, are exempt from the claims of creditors in bankruptcy.  This means they can’t touch it.  Thus for example if you needed to file for Bankruptcy, and you had ninety thousand ($90,000.00) dollars in a 401K, you could still file and discharge 100% of your debts and get to keep the full amount of the retirement account.  There may be variations in the rule when retirement funds have been received though a rollover.   If you have a retirement account and are worried about losing it if you file, please feel free to call Attorney Mark O. Grater to determine if the account is exempt.  Located at 4 Fort Hill Rd. in Groton, CT, 860-449-8059 or go to our web cite at  www.graterlaw.com.

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