LLC | LP | Corporations | Pension Plans, IRAs, or any Self Directed Retirement Fund | Real Estate, Personal and Investment | Irrevocable Trust | Triangle Pension Plans, IRAs or any Self Directed Retirement Fund: USE - Asset Protection One of biggest single attacks by creditors in the United States is Pension Plans. Pension plans are generally protected and governed by the US Supreme Court Ruling called the Patterson Case, Federal Court Ruling, ERISA Rules, State Court Rulings and State laws. These rulings and laws, which are forever changing, govern the ability of a creditor to attack assets in a pension program as well as the covered individual's ability to get to the funds held by the pension program. IRAs may not be protected in all jurisdictions by various decisions, laws and ERISA Rules. Attachment of IRAs may be governed by state laws. Some states do not protect IRAs. Some courts have held that ERISA plans with one participant who is also the owner of the business are not protected from creditors. Other courts have held that failure to comply with the incredibly complex rules of the Internal Revenue Code will cause pension plans to be available to creditors. It is possible that your plan is exposed. If that is the situation, we frequently find that a Pension Limited Partnership will provide the asset protection you need, plus the flexibility you would like in using the assets held by the program. Click here to view flow chart.