Warning to Grandparents and Others: Bankruptcy Filing by A Section 529 Account Owner Can Result in Loss of a Contribution Within Last 720 Days

Thumbnail Image
Date
2009-12-04
Authors
Harl, Neil
Major Professor
Advisor
Committee Member
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract

A recent Bankruptcy Court decision1 interpreting an amendment in the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act2 has confirmed that the 2005 amendment poses a substantial risk where the account owner files bankruptcy within 720 days or less of contributions made to a Section 529 plan. Part or all of the contributions within that period became property of the bankruptcy estate (the debtor had a legal interest in the account as of the petition date) and the contributions are not fully excluded under 11 U.S.C. § 541(c)(2).3 That poses a risk that many had not anticipated when contributions were made to the account.

Series Number
Journal Issue
Is Version Of
Versions
Series
Academic or Administrative Unit
Type
article
Comments
Rights Statement
Copyright
Funding
DOI
Supplemental Resources
Source
Collections