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  #1  
Old 01-01-2004, 05:13 PM
Dancertootie
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Qdro


What is the name of your state? MI

Can a QDRO that isn't payable until the original payor is 59 1/2 be accounted and turned over in bankruptcy? Can they make the alternate payee pay the penalties to turn over QDRO?
  #2  
Old 01-01-2004, 05:21 PM
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Re: Qdro


Quote:
Originally posted by Dancertootie
What is the name of your state? MI

Can a QDRO that isn't payable until the original payor is 59 1/2 be accounted and turned over in bankruptcy? Can they make the alternate payee pay the penalties to turn over QDRO?

My response:

A Qualified Domestic Relations Order (QDRO) is nothing more than a "future interest" in property or money; e.g., a 401K disbursement.

Unless the QDRO becomes payable within 5 years under a Chapter 13 bankruptcy, the Trustee can't touch it.

IAAL
  #3  
Old 01-01-2004, 05:24 PM
Dancertootie
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Thank you for your response.
  #4  
Old 01-02-2004, 09:30 AM
Dancertootie
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Is this a federally mandated? If so how do I show this to my attorney?
  #5  
Old 01-02-2004, 11:12 AM
Dancertootie
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Does anyone know if this means the same thing IAAL said?

.

In re Eichelberger, 100 B.R. 861 (Bankr.S.C.Tex.1989)
Court held that required payments under a QDRO escape discharge in bankruptcy.
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