- 11 U.S.C.
Gordon v. Wadsworth (In re Gordon)
Jun
26
2015
Ruling
Debtor could not claim state exemption in funds paid out of retirement plan.
Issue(s)
Could debtors claim a state exemption in funds paid out of a retirement plan into a savings account?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Hardy v. Fink (In re Hardy)
Jun
02
2015
Ruling
Debtor could claim state law exemption in portion of tax refund based on federal Additional Child Tax Credit.
Issue(s)
Whether a portion of a tax refund based on the Additional Child Tax Credit (ACTC), 26 U.S.C.S. § 24(d), was exempt from a debtor's bankruptcy estate as a public assistance benefit under Missouri law.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Nolte
May
05
2015
Ruling
Debtor could claim exemption in IRA.
Issue(s)
Could debtor claim an exemption in an IRA account?
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Court
:
- 11 U.S.C.
In re Haines
Apr
14
2015
Ruling
Exemption allowed in brokerage account held by debtor and non-debtor spouse as tenants by the entirety.
Issue(s)
If a couple has the choice of checking the "tenants by the entirety" box on an account application, but fails to do so, is that failure sufficiently strong evidence to overcome the presumption when a bankruptcy trustee objects to the debtor's exemption of that account as entireties property?
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Court
:
Running v. Miller (In re Miller)
Feb
13
2015
Ruling
Annuity paid for with funds from qualified IRA as a rollover contribution properly held to be exempt.
Issue(s)
Was bankruptcy court correct in allowing an exemption in debtor's annuity?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Gilbraith
Dec
24
2014
Ruling
Plan was qualified on petition date and in substantial compliance with the Internal Revenue Code so as to be presumed exempt.
Issue(s)
Was pension plan properly qualified and in substantial compliance with the Internal Revenue Code for funds in the plan to be exempt?
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Court
:
- 11 U.S.C.
In re Reeves
Nov
26
2014
Ruling
State law exemptions allowed where trustee did not file timely objection.
Issue(s)
Whether the bankruptcy court's prior order approving a personal injury settlement and authorizing certain disbursements from that settlement, including $15,000 to the debtors in payment of their personal bodily injury exemption under state law, precluded the debtors under the principles of res judicata and collateral estoppel from claiming additional exemptions?
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Court
:
In re Pace
Oct
10
2014
Ruling
Joint debtors were not entitled to claim separate state exemptions in homestead.
Issue(s)
Whether joint debtors are permitted to separately claim the homestead exemptions under state law, effectively allowing a married couple to exempt equity in the full amount of two exemptions in their home?
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Court
:
- 11 U.S.C.
In re Capelli
Sep
29
2014
Ruling
Debtor could claim exemption in property owned by entireties with creditor.
Issue(s)
Was debtor barred from claiming an exemption in property owned with creditor in a tenancy by the entirety?
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Court
:
- 11 U.S.C.
Clark v. Rameker
Jun
12
2014
Ruling
Funds in an inherited individual IRA are not exempt "retirement funds."
Procedural posture
Prior to filing their Chapter 7 case, the debtor wife inherited an IRA from her mother. The debtor wife, who was the sole beneficiary on the account, elected to take monthly distributions from the account. In their subsequently filed Chapter 7 case, the d
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Court
: U.S. Supreme Court