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Skiba v. Plonski

Ruling
Annuity pensions which did not establish trusts improperly were held exempt by bankruptcy court.
Procedural posture

Appellant, a chapter 7 trustee, filed objections to exemptions claimed by appellees, two joint chapter 7 debtors, pursuant to 11 U.S.C. § 541(c)(2). The trustee appealed after the bankruptcy court denied his objections. The trustee challenged the bankruptcy court's finding that pensions in the form of annuities under I.R.C. §§ 403(b) and 401(a), were properly excluded from the bankruptcy estate.

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opinion summary, case decided on October 31, 2006 , LexisNexis #1206-094