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Daley v. Mostoller (In re Daley)

Daley v. Mostoller (In re Daley)

Ruling
IRA should have been presumed exempt absent evidence that debtor used the account to obtain credit.
Procedural posture

The United States District Court for the Eastern District of Tennessee at Knoxville granted judgment in favor of appellee bankruptcy trustee by finding that appellant debtor had impermissibly used the individual retirement account (IRA) to extend himself credit by granting the securities firm a lien on the retirement funds to cover any potential future debts to the firm. The debtor appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 17, 2013 , LexisNexis #0713-043