facebook twitter instagram linkedin google youtube vimeo tumblr yelp rss email podcast phone blog search brokercheck brokercheck Play Pause
Higher IRA Federal Bankruptcy IRA Protection Limit Became Effective on April 1 Thumbnail

Higher IRA Federal Bankruptcy IRA Protection Limit Became Effective on April 1

When you file for bankruptcy, one thing you usually don’t have to worry about is protecting your IRA funds from your bankruptcy creditors.

Higher IRA Federal Bankruptcy IRA Protection Limit Became Effective on April 1

That’s because, in just about every case, all of your IRA (and Roth IRA) monies are off limits. Under the federal bankruptcy law, IRA assets up to a certain dollar limit cannot be reached by creditors. That dollar limit is indexed every three years based on the cost-of-living. On April 1, the dollar limit increased from $1,512,350 to $1,711,975, effective through March 31, 2028.

That limit is especially generous because it doesn’t take into account rollovers from employer plans like 401(k) or SEP and SIMPLE IRA plans. (Those rolled-over dollars are always fully protected.) So, only IRA contributions themselves, and earnings on those contributions, are taken into account. Since IRAs did not become available until 1975, it would be a rare case for someone to have amassed over $1.7 million from IRA contributions and earnings alone.

Of course, the $5 billion Roth IRA owned by Peter Thiel, a cofounder of PayPal, is a notorious exception to that rule. If you’re also an IRA owner lucky enough to have contributory IRAs and earnings worth more than the federal dollar limit, you may have two other ways to shield your entire IRA portfolio in bankruptcy.

First, you may live in a state that has its own state bankruptcy law protecting all of your IRA funds in bankruptcy – no matter how large (in other words, without the $1.7 cap).

You may also have protection if you live in certain states with an anti-garnishment law. That’s a law that says your IRAs can’t be reached to pay off a non-bankruptcy legal judgment (for example, when you must pay lawsuit damages). In the 2022 case of Hoffman v. Signature Bank of Georgia, No. 20-12823 (11th Cir. 2022), January 24, 2022, a Georgia resident filed for bankruptcy. Georgia is a state that completely protects IRAs from garnishment. The Eleventh Circuit Court of Appeals ruled that the existence of the Georgia anti-garnishment law, a non-bankruptcy law, fully protects a resident’s IRA dollars in bankruptcy. (Don’t ask me to explain; it’s complicated.) That would be the case even if the IRA assets exceed the $1.7 million cap.

A couple of points about the Hoffman decision: First, it technically only affects you if you live in the Eleventh Circuit – Alabama, Florida and Georgia. Second, it would never apply if you live in a state that doesn’t have an anti-garnishment law like Georgia’s law.

But, remember, even if your state doesn’t have its own laws to protect your IRAs, you can always rely on the federal protection up to $1,711,975. For most people, that should be more than enough.

By Ian Berger, JD
IRA Analyst
Ed Slott and Company, LLC

Christian Cordoba, founder of California Retirement Advisors, has been a member of Ed Slott's Master Elite IRA Advisor Group since 2007.

Copyright © 2025, Ed Slott and Company, LLC Reprinted from The Slott Report, 04/02/25, with permission. https://irahelp.com/slottreport/higher-ira-federal-bankruptcy-ira-protection-limit-became-effective-on-april-1/, Ed Slott and Company, LLC takes no responsibility for the current accuracy of this article. 
Investment advisory services offered through Mutual Advisors, LLC DBA California Retirement Advisors, a SEC registered investment advisor. Securities offered through Mutual Securities, Inc., member FINRA/SIPC. Mutual Securities, Inc. and Mutual Advisors, LLC are affiliated companies. CA Insurance license #0B09076. This content is developed from sources believed to be providing accurate information and provided by California Retirement Advisors. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. The opinions expressed and material provided are for general information and should not be considered a solicitation for the purchase or sale of any security. California Retirement Advisors, nor any of its members, are tax accountants or legal attorneys and do not provide tax or legal advice. For tax or legal advice, you should consult your tax or legal professional.
The information being provided is strictly as a courtesy. When you click on any of the links provided here, you are leaving this website and viewing information provided by a third party. We make no representation as to the completeness or accuracy of information provided by any third-party website. Nor is the company liable for any direct or indirect technical or system issues or any consequences arising out of your access to, or your use of third-party technologies, websites, information and programs made available through this website. By accessing these calculators, you assume total responsibility and risk for your use of the third-party website.