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In 2005, the government realized that individuals filing for bankruptcy need to have certain assets available to them in order to move forward after filing. Stemming from this and other realizations, the government changed bankruptcy law. Neuro3XThe Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 protects tax-qualified retirement plans including pensions, profit-sharing, and IRA plans valued at up to $1 million from creditors in the event of a bankruptcy. IRAs are the largest component of the U.S. retirement market and most investors hold these assets in traditional IRAs, which are funded by rollovers from employee-sponsored retirement plans and other contributions. They often provide easier access to money, have a wider range of investment choices, and may have lower fees. For investments in a 401K, the traditional form of retirement sponsored by employers, creditor protection in bankruptcy is unlimited. When filing for bankruptcy, you simply need to declare your 401K as an asset exempt under the federal or state provisions.

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