Legal Opinion
In Re: Robert D. McKown Dianna M. McKown Debtors. Gary R. Farrar v. Robert D. McKown Dianna M. McKown
Court of Appeals for the Ninth Circuit
Decided February 14, 2000No. 98-15017PublishedCited by 27 opinions
1Opinion of the Court
KLEINFELD, Circuit Judge:
This is a bankruptcy case. The issue is whether an IRA is exempt from inclusion in the bankruptcy estate, so that it is shielded from creditors.
FACTS
Mr. and Mrs. McKown filed a chapter 7 petition for bankruptcy. They claimed an exemption of an Individual Retirement Account (IRA) worth $6,413.14. They prevailed in the bankruptcy court and before the bankruptcy appeals panel. The trustee appeals, claiming the money for their creditors. The only issue before us is whether the IRA money is exempt.
ANALYSIS
The federal bankruptcy statute lists various kinds of property that…
2Cases cited2 opinions
- Carmichael v. OsherowCourt of Appeals for the Fifth Circuit · 1996
- In Re Harold Dubroff, Debtor. Harold Dubroff v. First National Bank of Glens Falls, Creditor-Appellee, Gregory Harris, Trustee, Trustee-AppelleeCourt of Appeals for the First Circuit · 1997
3Cited by27 opinions
- Rousey v. JacowaySupreme Court of the United States · 2005
- In Re Ronald Gary Watts in Re Yee Kome Kathy Watts, Debtors, Phillip J. Wolfson v. Ronald Gary Watts Yee Kome Kathy WattsCourt of Appeals for the Ninth Circuit · 2002
- In Re KrebsCourt of Appeals for the Third Circuit · 2008
- In Re: George Edward Dudley & Carmen Mae Dudley, Debtors. George Edward Dudley Carmen Mae Dudley v. Peter C. Anderson, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 2001
- In Re Muriel Nash Reaves, Fka Muriel Adams Reaves, Debtor. William Little v. Muriel Nash ReavesCourt of Appeals for the Ninth Circuit · 2002
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