Supreme Court to Decide Inherited IRA Exemption Issue

Posted by NCBRC - December 13, 2013

In other Supreme Court news, the Court granted certiorari in the case of Clark v. Rameker (In re Clark), No. 13-299. In that case, the Seventh Circuit created a split in the circuits when it held that a debtor may not exempt her inherited IRA in bankruptcy. In re Clark, No. 12-1241 & 12-1255 (April 23, 2013). The Fifth Circuit had reached the opposite conclusion in Chilton v. Moser, 674 F.3d 486 (5th Cir. 2012). NCBRC will file an amicus brief on behalf of the NACBA membership in this important case.



One Comment

  • alan unkeles
    Posted January 26, 2014 at 4:17 pm | Permalink

    Substantive law generally is retroactive, and procedural law generally is not. It’s law of the case in any case that was either closed or litigated the issue.

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