This Note first discusses the subsequent history of Clark. Next, it discusses the legal history of both non-inherited and inherited IRAs leading up to the Clark decision. Then, it details the Court’s decision in Clark. Finally, it concludes with a comparison of state and federal exemption schemes, using Missouri as an example, calling for reform of Bankruptcy Code Section 522(b)(3).
Are They or Aren’t They “Retirement Funds”? The Case for Including Funds from an Inherited IRA in a Debtor’s Bankruptcy Estate,
80 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol80/iss3/12