IRA and Roth IRA & Distributions are protected from garnishment/attachment by creditors in NJ

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25:2-1. Conveyances of personal property in trust for use of persons making them void as to creditors. Ful Statute is locate at: http://statutes.laws.com/new-jersey/title-25/section-25-2/25-2-1 IMPORTANT CRITERION: I am NOT filing for bankruptcy. Those are NOT a post-bankruptcy question. QUESTIONS: 1. Can you please post the URL for the most up to date version of NJSA 25:2-1? 2. What does "Conveyances" mean? 3. Does this statute protect my IRA and Roth IRA from levy by creditors if they obtain a garnishment order? 4. What does "distriburions" mean? 5. Assuming distributions means the money I withdraw money from either IRA post retirement, are distributions equally protected from levy by creditors? 6. When I withdraw, should I keep as cash or can I put it in Bank? Thank you very much

Attorney Answer

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Steven Neuner ·
The link you have appears to be the current statute. The statute protects all IRA's from levy or execution by creditors. Once the money is received and put into an account with other monies this protection may be lost. If you withdraw money from an IRA, you should keep it separate from all other money. The statute creates an exception for fraudulent transfers aka fraudulent conveyances. The definition of covered transfers is generally pretty broad. Money that is transferred into an IRA can still be recovered if a bankruptcy trustee or creditor can show that the transfer is avoidable and recoverable under the New Jersey Uniform Fraudulent Transfer Act, NJSA 25:2-25 et seq. When and how that applies is a subject that requires individualized legal advice from someone who has experience with fraudulent transfers and bankruptcy as well as these issues. Using an IRA to try to prevent creditors from collecting money you owe can be risky. You need to see an experienced and qualified attorney for advice about your situation.
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