Legal Opinion
Hawk v. Engelhart (In Re Hawk)
Court of Appeals for the Fifth Circuit
Decided September 5, 2017No. 16-20641PublishedCited by 24 opinions
1Opinion of the Court
EDWARD C. PRADO, Circuit Judge:
Gregory and Marcie Hawk’s petition for panel rehearing is GRANTED, and the opinion previously filed in this case is withdrawn. This opinion is substituted therefor. The Hawks’ petition for rehearing en banc is DENIED.
After filing for Chapter 7 bankruptcy, the Hawks claimed an exemption for funds held in an individual retirement account (“IRA”). They sought to exempt the funds from the bankruptcy estate because tax-exempt or tax-deferred assets held in a qualifying retirement account are generally exempt from creditors’ claims under Texas law. However, over the…
2Cases cited14 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Owen v. OwenSupreme Court of the United States · 1991
- White v. StumpSupreme Court of the United States · 1924
- Harris v. ViegelahnSupreme Court of the United States · 2015
- Jerry Payne and Deborah Payne, Debtors-Appellants v. Charles R. Wood, Jr.Court of Appeals for the Seventh Circuit · 1985
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Viegelahn v. Lopez (In Re Lopez)Court of Appeals for the Fifth Circuit · 2018
- In re AwaydaUnited States Bankruptcy Court, C.D. Illinois · 2017
- In re WardUnited States Bankruptcy Court, E.D. New York · 2018
- Lowe v. DeBerry (In Re DeBerry)Court of Appeals for the Fifth Circuit · 2018
- Bassel v. Durand-DayCourt of Appeals for the Fifth Circuit · 2025
19 more not listed; retrieve them via the Exa API.