A new way to force payment on a judgment.
The Internal Revenue Code defines an IRA as an individual retirement account/ annuity which was acquired because of the death of another person when the recipient was not the surviving spouse.
The Judicial Code protects retirement funds and accounts from attachment or execution by judgment creditors. Until recently, Pennsylvania Courts had not addressed whether inherited IRAs were subject to that protection.
In June, the Pennsylvania Supreme Court denied an appeal from a January 2022 ruling by the Superior Court of Pennsylvania regarding Inherited IRAs. The issue arose in an Allegheny County garnishment action and was eventually presented before the Pennsylvania Superior Court as a matter of first impression.
Because there was no prior case law in Pennsylvania regarding the issue, the court used the Bankruptcy Code for guidance. The Bankruptcy Code allows certain retirement funds to be out of reach of creditors but the Bankruptcy Code also does not mention inherited IRAs.
According to the Court’s Opinion, retirement funds are exempt so that debtors can meet basic needs during their years in retirement. Account holders are discouraged from withdrawing funds prior to retirement due to certain penalties. However, no such penalties exist for inherited IRAs other than taxes that might apply.
Therefore, the PA Superior Court has held that inherited IRAs do not count as “retirement funds” and that they can be reached by judgment creditors. For creditors, this provides another avenue through which to possibly obtain payment on a judgment.
For help with Judgment Execution questions and other Collections issues, contact Attorney Hunter Schenck. You can email Attorney Schenck at [email protected] or use the CGA online question feature to set up a consultation with her.
Hunter B. Schenck
Attorney
Hunter B. Schenck provides legal services to individuals and businesses in the area of litigation. Hunter is ranked as a 2021, 2022, and 2023 Super Lawyers Rising Star. She has been elected as a Board Member of the York County Bar Association and serves as a member of the Membership and Continuing Legal Education Committees. She was the 2020 Chair of the York County Bar Association’s Young Lawyers Section and is a member of the Herbert Cohen Inn of Court. Hunter was a member of the 2015, 2017, 2019, and 2022 Bar Stools Casts.
Read Hunter’s Bio Page in full HERE.
