- 11 U.S.C.
Johns, In re
Mar
26
2024
Ruling
Debtor's IRA lost its tax-exempt status and thus did not qualify as exempt as the IRA did notsubstantially comply with the Internal Revenue Code because of the prohibited transactions.(Bankr. N.D. Tex.)
Issue(s)
Exemptions; Types of Exempt Property; Retirement Funds.
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- 11 U.S.C.
Farber, In re
Apr
26
2022
Ruling
Debtor's claim of exemption as to retirement funds was disallowed. (Bankr. E.D. Pa.)
Issue(s)
Exemptions; Types of Exempt Property; Retirement Funds.
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- 11 U.S.C.
In re Ortiz
Sep
26
2016
Ruling
Debtor allowed exemption in retirement plan over objections of creditors. (Bankr. D.P.R.)
Issue(s)
Was debtor entitled to an exemption in retirement plan funds?
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- 11 U.S.C.
In re Hewitt
Dec
16
2015
Ruling
Debtor could claim house as an exempt retirement fund.
Issue(s)
Could debtor claim a "retirement fund exemption" in a house?
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- 11 U.S.C.
In re Kizer
Oct
02
2015
Ruling
Debtor could not claim exemption in funds received from former spouse in divorce settlement and held in predivorce retirement accounts.
Issue(s)
Could debtor claim an exemption in funds received from former spouse as part of divorce settlement that were held in the spouse's retirement accounts?
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- 11 U.S.C.
In re Kellerman
May
26
2015
Ruling
Debtors were disqualified persons who were ineligible to claim exemption in an individual retirement account.
Issue(s)
Were debtors entitled to claim an exemption in an individual retirement account owned by and in the name of one of the joint debtors?
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- 11 U.S.C.
In re James
Feb
22
2013
Ruling
Exemption in two individual IRAs allowed over trustee's objection.
Procedural posture
Chapter 7 trustee objected to the debtor's claimed exemption in two individual retirement accounts (IRAs) under 11 U.S.C.S. § 522(d)(12).
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- 11 U.S.C.
Chilton v Moser (In re Chilton)
Mar
12
2012
Ruling
Inherited IRA properly held to be exempt.
Procedural posture
Appellant chapter 7 trustee sought judicial review of a decision by the District Court for the Eastern District of Texas to reverse a bankruptcy court's ruling that an inherited Individual Retirement Account (IRA) did not qualify for exemption under 11 U.S.C.S. § 522(d)(12).
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- 11 U.S.C.
In re Pellegrini
Jan
17
2012
Ruling
Debtor could not claim exemption in settlement proceeds of action for IRA fraud where funds were not in account on petition date.
Procedural posture
After debtor's chapter 7 case was reopened based on the trustee's discovery of the fact that debtor had failed to disclose that he had won a $302,663 judgment against an investment group based on its commission of fraud in connection with his IRA, debtor amended his schedules to list the judgment and to claim that it was exempt per 11 U.S.C.S. § 522(d)(12). The trustee objected to the exemption and sought summary judgment that it was improper.
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- 11 U.S.C.
Randall v. Haddad (In re Haddad)
Sep
20
2011
Ruling
Debtor could not claim exemption on proceeds of sale of property after being divested of title by state court order.
Procedural posture
Plaintiffs filed an adversary action against the debtor and a state retirement board seeking a determination that $40,000 in proceeds from the sale of real property was not the property of the debtor's bankruptcy estate, as well as an order requiring the retirement board to return the $40,000 deposited by the debtor into her retirement board account. The retirement board and debtor filed motions to dismiss.
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