Jacobs, In re
Nov
07
2023
Ruling
Funds transferred from a Roth individual retirement account into a 401(k) retirement accountthat was not qualified to receive a transfer or rollover contribution from a Roth IRA lost theirprotected status and were not exempt from the bankruptcy estate. (Bankr. N.D. Okla.)
Issue(s)
Exemptions; Choice Between Federal and State Law.
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Court
:
- 11 U.S.C.
Kelly, In re
Apr
11
2023
Ruling
Debtor properly claimed the bankruptcy exemption for retirement funds after rolling over funds from a deceased spouse's individual retirement account into other IRAs. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Retirement Funds.
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Court
:
- 11 U.S.C.
Ingole, In re
Mar
31
2023
Ruling
Exemption in a checking account disallowed as husband's release of interest terminated a tenancy by the entireties that could not be restored when he added his name back to the account. (Bankr. M.D. Fla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Interests Held as Tenant by the Entirety or Joint Tenant.
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Court
:
Bauer, In re
Mar
31
2022
Ruling
Debtors were entitled to claim as exempt property annuity proceeds that became property ofthe estate postpetition. (Bankr. M.D. Fla.)
Issue(s)
Exemptions; Choice Between Federal and State Law.
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Court
:
- 11 U.S.C.
Green, In re
Mar
09
2022
Ruling
Debtor was not entitled to claim an exemption relating to retirement plan organized underCanadian law. (Bankr. N.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
:
- 11 U.S.C.
Sievert, In re
Oct
27
2021
Ruling
Trustee's objection to debtor's amended exemption in personal injury award sustained. (Bankr.W.D. Wis.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Election by Debtor.
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Court
:
- 11 U.S.C.
Egizii, In re
Aug
09
2021
Ruling
Debtor's claim of exemption in a residential condominium was allowed as he held title withhis wife as tenants by the entirety, and controlling state law protected the property fromclaims by the creditors of only one of the spouses. (Bankr. C.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
:
- 11 U.S.C.
Wheatley, In re
Jul
29
2021
Ruling
Debtor who lived in Illinois but also owned a condominium in Michigan with his wife couldclaim an exemption in the Michigan property as the phrase "applicable nonbankruptcy law" in§ 522(b)(3)(B) is not limited to the law of debtor's domicile state. (Bankr. N.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
:
- 11 U.S.C.
Whitten, In re
Mar
01
2021
Ruling
Language “with rights of survivorship” in deed did not automatically defeat debtor's claim ofexemption as a right of survivorship was an element of a tenancy by the entirety. (Bankr. M.D.Fla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
:
- 11 U.S.C.
Skelton, In re
Dec
16
2020
Ruling
Debtor's motion to avoid judgment lien conditionally granted because creditor's lien didimpair a homestead exemption to which the debtor was entitled. (Bankr. N.D. Miss.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
: