What Are the Creditor Protection Rules for Roth IRAs and Roth 401(k)s?
Release Date: 12/24/2025
How to Protect Against a Market Crash in the First Ten Years of Retirement
The Power Of Zero Show
David McKnight addresses one of the biggest threats to your retirement plan: sequence of returns risk. Are you retired or within 10 years of retirement? Sequence of returns risk may be the single most important concept you need to understand if you want to ensure your money lasts as long as you do. Sequence of returns risk refers to the danger of experiencing a market downturn early in retirement while you’re simultaneously taking withdrawals from your portfolio. David explains why this risk is most dangerous during your first 10 years of retirement. Early in retirement, your money still...
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How I’d Invest $2 Million Right Now
The Power Of Zero Show
David McKnight breaks down the approach he would follow if he were to invest a $2 million 401(k) in retirement. David points out that when you retire, you’re no longer just investing for growth; you’re investing for income. Remember: If you get this wrong, you don’t get a do-over. In the case David discusses, many financial advisors would recommend investing the $2 million in the market and withdrawing whatever your lifestyle requires. The problem with that way of doing things, however, is the exposure to the sequence of returns risk. If the market crashes early in retirement and...
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What Is the 22% Roth Conversion Mistake?
The Power Of Zero Show
David McKnight explores the so-called “22% Roth conversion mistake,” which he considers a common and costly mistake when it comes to Roth conversions. He points out that, despite Trump tax cuts being made permanent with the passage of the One Big Beautiful Bill Act in July 2025, tax rates can change at any time with a simple act of Congress. That’s why he refers to this as a “temporary permanent tax cut.” The $200 trillion underfunding of entitlement programs and the exploding interest on the national debt makes it clear that tax rates are unlikely to stay this low for long. Many...
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The Three Biggest Retirement Planning Mistakes I See All the Time
The Power Of Zero Show
David McKnight discusses the three biggest retirement planning mistakes that show up over and over again. Avoiding them will dramatically increase the likelihood that your retirement savings will last as long as you do. Mistake #1 pertains to over-accumulating in tax-deferred accounts like 401(k)s and IRAs – a mistake that surprises many people as they feel they’re doing everything right. The problem here is that you’re taking a deduction at historically low tax rates only to postpone the payment of those taxes to a point in the future where tax rates are likely to be much higher...
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Why Retirees with Guaranteed Income Spend More (and Are Happier!)
The Power Of Zero Show
David McKnight explores a retirement planning phenomenon that almost nobody discusses, but that has been documented repeatedly in academic research. It’s the idea that when retirees convert some of their savings into guaranteed lifetime income through an annuity, they actually spend more money and enjoy retirement more than those who rely on their liquid retirement savings alone. Even though many people assume that doing so would make retirees more conservative with their spending, research actually shows the opposite. According to academic studies, when retirees have reliable lifetime...
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The Best Tax-Free Account for Retirement
The Power Of Zero Show
David McKnight touches upon what he considers the most overlooked tax-free income stream. What he’s referring to is to leave enough money in your traditional IRA so that your required minimum distributions can be completely offset by your standard deduction in retirement. David believes that focusing on tax-free retirement strategies is more crucial than ever, since it’s becoming increasingly clear that taxes are likely to rise dramatically in the future. The United States is $39 trillion in debt and, as interest on that debt continues to grow and compound, the Government will eventually...
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Convert to Roth… But Not TOO Much: The $400,000 Rule Explained
The Power Of Zero Show
David McKnight addresses an issue he sees more and more in his conversations with retirees and pre-retirees: the so-called Roth over-conversion trap. The problem stems from converting too much money with the result of shortening the lifespan of your retirement savings. David believes that the reason why many Americans are racing to convert everything they have in their IRAs and 401(k)s has to do with the fear about where the country is headed financially. Penn Wharton has warned repeatedly that, if we don’t right our fiscal ship by 2043, no combination of raising taxes or reducing...
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5 Years from Retirement? Here’s Your Planning Blueprint
The Power Of Zero Show
In this episode of the Power of Zero Show David McKnight gives you a blueprint with the key steps to follow for a successful and stress-free retirement if you’re about five years away. The first step is figuring out your retirement income shortfall, the income you’ll need every month in retirement, as well as how much of that will be covered by sources like Social Security and pensions. The retirement income shortfall represents the amount of income your retirement assets need to produce in order to fund your lifestyle. One strategy many retirees rely on is taking a portion of their liquid...
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Which Retirement Accounts Should You Draw from First?
The Power Of Zero Show
Today’s episode of the Power of Zero Show sees David McKnight address one of the most important decisions you’ll ever make in retirement: where you should withdraw money from first. It’s important to note that the sequence in which you draw down your retirement dollars can dramatically affect how long your money lasts and how much of it you get to keep. Since the Trump tax cuts were permanently extended on July 4th, 2025, retirees have been presented with one of the most significant tax planning windows they may ever see. The national debt continues to grow – with Social Security and...
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How I’d Invest $1,000,000 in 2026
The Power Of Zero Show
David McKnight discusses the allocation of $1M if he had it to invest in 2026. David sees a taxable brokerage account as the least efficient investment account you could possibly own – since it’s taxed every year and it’s exposed to both short- and long-term capital gains. While this type of account is liquid and can serve as an excellent emergency fund, it’s the most tax-unfriendly of all the investment alternatives. The goal, says David, isn’t to grow wealth within this type of account, rather to use it as a funding source to systematically build multiple tax-free income...
info_outlineIn today’s episode, David McKnight breaks down the creditor protection rules for Roth IRAs and Roth 401(k)s, as well as why more and more Americans are turning to tax-free accounts to insulate themselves from creditors… and the Government itself.
In theory, under Federal Law, all IRAs traditional or Roths receive a certain level of bankruptcy protection under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
However, that protection is specifically tied to bankruptcy proceedings. If you’re sued in civil court, the Federal bankruptcy statute doesn’t automatically apply, state law takes over…
By pointing out differences between states like Texas, Arizona and Florida on one end, and California and Montana on the other, David explains that whether your Roth IRA survives a potential lawsuit intact depends largely on the state in which you reside.
Roth 401(k)s play by a different set of rules, as they fall under the 1974 Employee Retirement Income Security Act (ERISA).
David notes that “ERISA is the big Federal law that governs most employer-sponsored retirement plans, and it comes with some of the strongest creditor protection available anywhere in the financial world.”
According to David, it’s not hard to see why the Federal Government is going to need huge infusions of new revenue in the very near future.
Wondering how they will be raising that capital? By targeting the nearly $45 trillion in tax-deferred retirement accounts like IRAs and 401(k).
In other words, while your retirement accounts may indeed be largely immune to lawsuits, they’re entirely exposed to the impact of rising tax rates.
David points out that contributing to 401(k)s or IRAs is like going into a business partnership with the IRS – every year, they get to vote on what percentage of your profits they get to keep.
Remember: a well-planned Roth strategy doesn’t just shield you from tomorrow’s higher tax rates, it can also serve as a fortress protecting your wealth from outside claims.
Mentioned in this episode:
David’s new book, available now for pre-order: The Secret Order of Millionaires
David’s national bestselling book: The Guru Gap: How America’s Financial Gurus Are Leading You Astray, and How to Get Back on Track
Tax-Free Income for Life: A Step-by-Step Plan for a Secure Retirement by David McKnight
PowerOfZero.com (free video series)
@mcknightandco on Twitter
@davidcmcknight on Instagram
David McKnight on YouTube
Get David's Tax-free Tool Kit at taxfreetoolkit.com
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005