Jacoway v. Wolfe (In Re Jacoway)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
PERRIS, Bankruptcy Judge.
Debtor appeals the order sustaining the chapter 7 1 trustee’s objection to her claim of exemption in an individual retirement account/annuity (IRA) as a private retirement plan under CaLCode Civ.Pro. § 704.115(a). The question is whether debtor’s receipt of a partial surrender under the IRA necessarily means that the IRA is not exempt. We REVERSE and REMAND.
FACTS
The facts are not disputed. Debtor worked for a telephone company for 30 years. In 1995, when she was 50 years old, she accepted her employer’s offer of early retirement. Debtor received a lump sum of…
2Cases cited8 opinions
- In Re WitwerUnited States Bankruptcy Court, C.D. California · 1992
- Yaesu Electronics Corp. v. TamuraCalifornia Court of Appeal · 1994
- In Re Edith Bloom, M.D., Debtor. Edith Bloom, M.D. v. Gilbert Robinson, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 1988
- Spenler v. Siegel (In Re Spenler)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Schwartzman v. WilshinskyCalifornia Court of Appeal · 1996
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3Cited by12 opinions
- Cisneros v. Kim (In Re Kim)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- 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
- Simson v. Burkart (In Re Simpson)Court of Appeals for the Ninth Circuit · 2009
- Cunning v. Rucker (In Re Rucker)Court of Appeals for the Ninth Circuit · 2009
- Simpson v. Burkart (In Re Simpson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
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