HLS 18RS-1868 ORIGINAL
2018 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 52
BY REPRESENTATIVE FOIL
SEIZURES/SALES: Directs the Louisiana State Law Institute to study exemptions from
seizure of certain retirement accounts
1 A CONCURRENT RESOL UTION
2To authorize and direct the Louisiana State Law Institute to study the exemption of inherited
3 retirement accounts and inherited annuities from liability for any debt except
4 alimony and child support.
5 WHEREAS, R.S. 13:3881(D) provides that pensions, tax-deferred arrangements,
6annuity contracts, and the proceeds thereof are exempt from all liability for any debt except
7alimony and child support; and
8 WHEREAS, relying on the United States Supreme Court's decision in Clark v.
9Rameker, the United States District Court, Eastern District of Louisiana ruled in In re Everett
10that "an inherited IRA is not a 'tax-deferred arrangement' within the meaning of R.S.
1113:3881, and is not exempt from the bankruptcy estate under Louisiana Law"; and
12 WHEREAS, the court's holding in In re Everett as it relates to inherited IRAs could
13potentially be applied to other inherited accounts provided for in R.S. 13:3881(D); and
14 WHEREAS, in light of the court's holding in In re Everett, the legislature intends to
15address the exemption of inherited retirement accounts and annuities from the bankruptcy
16estate.
17 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
18authorize and direct the Louisiana State Law Institute to study and report to the legislature
19with regard to maintaining or establishing an exemption of inherited retirement accounts and
20inherited annuities from all liability other than that for alimony and child support, including
21exemption from the bankruptcy estate.
Page 1 of 2 HLS 18RS-1868 ORIGINAL
HCR NO. 52
1 BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
2to the Louisiana State Law Institute.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 52 Original 2018 Regular Session Foil
Directs the Louisiana State Law Institute to study the exemption of inherited retirement
accounts and inherited annuities from liability for any debt except alimony and child support.
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