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Walsh v. Benson

Walsh v. Benson

Ruling
Bankruptcy court erred in concluding that IRA was not eligible for exemption.
Procedural posture

Appellant debtor appealed the opinion and order of the bankruptcy court which held that the debtor's Individual Retirement Account ("IRA") was neither excluded from the bankruptcy estate under 11 U.S.C. § 541(c)(2) nor exempt under 11 U.S.C. § 522(d)(10)(E). Appellee trustee opposed the appeal.

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opinion summary, case decided on August 18, 2006 , LexisNexis #0906-083