Legal Opinion

Smith v. Affinity Group, Inc. (In re Morgan)

District Court, N.D. New York

Decided June 18, 1992No. Bankruptcy No. 90-13018; Adv. No. 91-91251PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM-DECISION

JUSTIN J. MAHONEY, Chief Judge.

The trustee seeks the turnover of debt- or’s IRA accounts identified as Account number 059-R02603-24 held with Prudential Securities, Inc. (“Prudential account”) and IRA account number 405-90497 held by McGinn, Smith & Co., Inc. (“McGinn account”).

The debtor has resisted the relief sought by the trustee and amended his original Schedule B-4 — Property Claimed as Exempt — which initially failed to include the IRA accounts. The debtor now claims exempt status for both IRA accounts under sections 5205(c) and (d) of the New York Civil Practice Law…

2Cases cited3 opinions

  1. In Re IaconoUnited States Bankruptcy Court, E.D. New York · 1990
  2. In Re KleistUnited States Bankruptcy Court, N.D. New York · 1990
  3. In Re KramerUnited States Bankruptcy Court, E.D. New York · 1991

3Cited by2 opinions

  1. 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
  2. Pauk v. PaukAppellate Division of the Supreme Court of the State of New York · 1996

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