- 11 U.S.C.
Wainer, In re
Nov
16
2021
Ruling
Trustee's objection to debtors' claimed exemption in annuity proceeds overruled. (Bankr. E.D.Pa.)
Issue(s)
Exemptions; Types of Exempt Property; Benefits Akin to Future Earnings; Pensions
ABI Membership is required to access the full summary of Wainer, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Adolphson
Feb
27
2015
Ruling
Debtor's patronage account with cooperative was not exempt.
Issue(s)
Was debtor's patronage account with dairy cooperative exempt property?
ABI Membership is required to access the full summary of In re Adolphson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Foellmi v. Ries (In re Foellmi)
Jul
31
2012
Ruling
Debtor could claim exemption in interests in limited partnership distributed by employee benefit plan.
Procedural posture
A chapter 7 debtor claimed an exemption under Minn. Stat. § 550.37, subd. 24, for limited partnership units she received from her employer. The United States Bankruptcy Court for the District of Minnesota denied the claim of exemption. The debtor appealed.
ABI Membership is required to access the full summary of Foellmi v. Ries (In re Foellmi) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Butler
May
29
2012
Ruling
Debtor's interest in partnership established by employer for employees was exempt.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and claimed that money she invested in a partnership that was available to individuals who worked for her employer was exempt from creditors' claims under 11 U.S.C.S. § 522(d)(10)(E). A trustee who was appointed to administer the debtor's bankruptcy estate filed an objection.
ABI Membership is required to access the full summary of In re Butler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Crum
Feb
20
2009
Ruling
Non-IRA account containing proceeds of two IRA accounts was not exempt.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. The debtor claimed exemptions in three bank accounts totalling $254,902, $38,080, and $79 respectively and a claimed exemption in $11,000 conveyed to a third party pre-petition. A creditor and a chapter 7 trustee objected to the claimed exemptions.
ABI Membership is required to access the full summary of In re Crum Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Krebs
May
19
2008
Ruling
Debtor's IRA could potentially be exempted although withdrawals could not yet be made without penalty.
Procedural posture
Appellee chapter 7 trustee filed an objection in bankruptcy court to appellant debtor's request for exemption of an individual retirement account (IRA) under 11 U.S.C.S. § 522(d)(10)(E). The bankruptcy court sustained the objection, and the District Court for the Western District of Pennsylvania affirmed. The debtor appealed.
ABI Membership is required to access the full summary of In re Krebs Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Walsh v. Benson (In re Benson)
Mar
26
2007
Ruling
IRA exemption disallowed to the extent funds were not reasonably necessary to support debtor and spouse.
Procedural posture
The matter was before the court following remand by the district court, which concluded that the court erred as a matter of law in sustaining the trustee's objections to exemptions respondent debtors had taken in portions of their respective individual retirement accounts (IRAs) in accordance with 11 U.S.C. § 522(d)(10)(E).
ABI Membership is required to access the full summary of Walsh v. Benson (In re Benson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Walsh v. McMurry
Aug
18
2006
Ruling
Case remanded to bankruptcy court for determination as to whether IRA was reasonably necessary to support debtor and family and therefore partially exempt.
Procedural posture
Appellee bankruptcy trustee objected when appellant chapter 7 debtor claimed an exemption from the bankruptcy estate for his entire individual retirement account ("IRA"). The debtor appealed after the bankruptcy court sustained the objection and ruled that a portion of his IRA was not exempt under 11 U.S.C. § 522(d)(10)(E).
ABI Membership is required to access the full summary of Walsh v. McMurry Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Walsh v. Benson
Aug
18
2006
Ruling
Bankruptcy court erred in concluding that IRA was not eligible for exemption.
Procedural posture
Appellant debtor appealed the opinion and order of the bankruptcy court which held that the debtor's Individual Retirement Account ("IRA") was neither excluded from the bankruptcy estate under 11 U.S.C. § 541(c)(2) nor exempt under 11 U.S.C. § 522(d)(10)(E). Appellee trustee opposed the appeal.
ABI Membership is required to access the full summary of Walsh v. Benson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: