Publisher's Synopsis
Excerpt from Present Law and Issues Relating to the Treatment of Qualified Pension Plans in Personal Bankruptcy
When an individual who is a participant in a pension plan de clares personal bankruptcy, the individual's creditors sometimes at tempt to satisfy their claims by seeking assignment of the individ nal's pension benefits. Under the Internal Revenue Code, a pension plan is not tax qualified unless it provides that benefits under the plan may not be assigned or alienated. Nevertheless, a number of bankruptcy courts have ordered plan trustees to pay over benefits to the creditors of a bankrupt plan participant.
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