Asked 12/20/2010
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IRA in divorce settlement My husband and I are divorcing after 43 years of marriage. We filed for bankruptcy this year due to financial stress. He filed for a divorce after bankruptcy was discharged. When dividing property he did not list his IRA. When I reminded him he had an IRA he told his lawyer that is was lost in the bankruptcy. I contacted our bankruptcy lawyer and he stated that my husband's IRA was protected and could not be taken from him. Also, if anyone wanted to take it, they would have to contact the bankruptcy lawyer's office. No one has done this. Is this considered to be fraud and are there any consequences? I am assuming he took the money out of the bank and either used the cash or put it in another banking institution. |
Answer 1/1 - Submitted 12/20/2010
His ira should have been listed even thou it was protected it should have been listed anyway someone would have to contact the bankrupcy hearing office and see where they go from there its possible like you said it was put into a different bank but what ever happened they will have to look into it and see where it goes
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