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§ 522(b)(3)(C)

Jacobs, In re

Ruling
Solo 401k adopted by company and covering the debtor as its sole owner and participant was exempt. (Bankr. N.D. Okla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

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Consumer opinion summary, case decided on August 29, 2024 , LexisNexis #1124-038

Ponte, In re

Ruling
Debtor's inherited IRA did not qualify for exemption as debtor was unable to make anycontributions to the IRA. (Bankr. N.D. Cal.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

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Consumer opinion summary, case decided on February 02, 2024 , LexisNexis #0324-082

Kelly, In re

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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Consumer opinion summary, case decided on April 11, 2023 , LexisNexis #0623-031

Green, In re

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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Consumer opinion summary, case decided on March 09, 2022 , LexisNexis #0522-011

Smith, In re

Ruling
Individual retirement account debtor received from her mother was not exempt from creditor's claims. (Bankr. C.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Retirement Funds.

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Consumer opinion summary, case decided on January 19, 2018 , LexisNexis #0218-097

In re Nolte

Ruling
Debtor could claim exemption in IRA.
Issue(s)
Could debtor claim an exemption in an IRA account?

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Consumer opinion summary, case decided on May 05, 2015 , LexisNexis #0515-117

Clark v. Rameker

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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Consumer opinion summary, case decided on June 12, 2014 , LexisNexis #0614-114

Jones v. Badami (In re Jones)

Ruling
Debtor's interest in proceeds of mother's pension plan was not exempt.
Issue(s)
Whether a debtor's interest in the proceeds of a pension plan could be exempted from the debtor's bankruptcy estate.

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Consumer opinion summary, case decided on March 26, 2014 , LexisNexis #0714-049

Running v. Miller (In re Miller)

Ruling
Annuity qualified as exempt IRA.
Issue(s)
Did annuity qualify as an IRA so as to allow debtor to claim an exemption.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 04, 2013 , LexisNexis #1113-116

Mullen v. Hamlin (Hamlin)

Ruling
Exemption in IRA inherited prepetition from non-spouse properly disallowed.
Procedural posture

Appellant chapter 7 trustee sought review of an order from the bankruptcy court for the district of Arizona, which allowed debtors' claimed exemption under 11 U.S.C.S. § 522(b)(3)(C) for an individual retirement account (IRA) inherited from her grandmother pre-petition, via a trustee-to-trustee transfer.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 21, 2012 , LexisNexis #0412-112