What Are the Creditor Protection Rules for Roth IRAs and Roth 401(k)s?
Release Date: 12/24/2025
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...
info_outline
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...
info_outline
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_outline
The #1 Most Hated Retirement Strategy (That Actually Works)
The Power Of Zero Show
This episode of The Power of Zero Show sees David McKnight discussing the single most hated retirement strategy in America: annuities. Interestingly enough, annuities are also one of the most powerful tools you can use to protect yourself from the biggest financial risk you face in retirement. Longevity risk, a retirement danger most retirees never fully grasp, is the reason why this topic matters so much. As David explains, “Longevity risk is the risk of living longer than you expected, running out of money before you run out of life.” While some people shrug longevity risk off as a...
info_outline
Elon Musk Says Stop Saving for Retirement Because of A.I. (Good Advice?)
The Power Of Zero Show
David McKnight dissects Elon Musk’s recent claims that, because of AI robotics and automation, the future will have such hyperabundance that ordinary people may no longer need to save for retirement. In Musk’s future, robots are going to do all the work, AI will create prosperity, and society will provide everything you need at a little or no – cost. While David likes Musk’s vision for the future, he doesn’t agree with him on this one. When examined through the lens of economics, government obligations, and retirement realities, Musk’s idea of the future collapses. David...
info_outline
Why Americans Hate Annuities
The Power Of Zero Show
David McKnight explores one of the most fascinating and misunderstood topics: Retirement planning annuities. In the article Annuitization Puzzles, Economics Nobel Prize winner Richard Thaler tries to answer a deceptively simple question: If annuities are so good at protecting retirees from outliving their money, why don’t more people buy them? Thaler, one of the founding fathers of behavioral economics, coined the phrase “the annuity puzzle” to describe a striking contradiction between theory and real life. According to traditional economic models, the rational choice would be for...
info_outline
The Only Three Assets You’ll Need in Retirement
The Power Of Zero Show
David McKnight discusses the three assets he believes you really need for a stable, predictable tax-efficient retirement. Getting them right will dramatically reduce the risks that derail most retirements: Market risks, sequence of returns risks, longevity risks, tax risks, and long-term care risks. Stock market investments, with a 70% total US stock market index and a 30% total international stock market index, are the first thing David recommends. He defines them as “Your growth engine, the one that pays for your discretionary expenses in retirement.” David goes over...
info_outline
The Top 5 Retirement Mistakes You May Be Making
The Power Of Zero Show
David McKnight explores the five biggest retirement mistakes people make. When it comes to retirement “traps”, the obvious things such as picking the wrong stock, missing the next bull market or retiring at the wrong time are what typically comes to mind… The first mistake people tend to make when it comes to their retirement is believing that tax diversification is good enough. “Having the bulk of your wealth in tax-deferred accounts 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. Not a very good...
info_outline
The Only Three Investments Dave Ramsey Owns (Is This Smart?)
The Power Of Zero Show
The focus of this episode is on what Dave Ramsey refers to as the only three investments he owns. “I have three investments: my business, paid-for real estate with no mortgages, and mutual funds,” says Ramsey. He goes on to emphasize that he doesn’t play single stock, doesn’t screw around with gold or Bitcoin, and that he doesn’t need your stock tip from your “broke golfing buddy with an opinion.” Host David McKnight wonders whether Ramsey’s investment model actually works in principle, and if parts of it can be replicated by everyday investors… Ramsey’s business...
info_outline
The Roth Conversion Myth Most Financial Advisors Get Wrong
The Power Of Zero Show
David McKnight addresses a myth floating around the financial world: “For a Roth conversion to make sense, you need many years for the Roth to grow so you can recoup the taxes you paid to the conversion.” David stresses why this way of thinking is fundamentally wrong – it’s built on the wrong assumption that all the money in your IRA belongs to you… when it actually doesn't. Remember: your IRA isn’t one pile of money but two piles sitting in the same account. One pile belongs to you, while the other to the IRS. What’s unknown is how big the IRS’ pile is going to be when you...
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