Legal Opinion

In re Clark

United States Bankruptcy Court, W.D. Wisconsin

Decided April 24, 2015No. Case No. 10-18035Published

1Opinion of the Court

MEMORANDUM DECISION

ROBERT D. MARTIN, UNITED STATES BANKRUPTCY JUDGE

This 2010 bankruptcy case has returned after the United States Supreme Court affirmed that the debtors’ only significant asset, an “inherited IRA,” is not exempt. To administer that asset, the trustee has objected to a state-created lien claimed by an executing judgment creditor. Avoidance of that lien was asserted by the trustee in 2012, on different grounds, but that adversary proceeding was dismissed by stipulation while the parties awaited a final ruling on the IRA exemption.

Prior to filing bankruptcy, the debtors’…

2Cases cited37 opinions

  1. Taylor v. SturgellSupreme Court of the United States · 2008
  2. Arizona v. CaliforniaSupreme Court of the United States · 1983
  3. Katchen v. LandySupreme Court of the United States · 1966
  4. Costello v. United StatesSupreme Court of the United States · 1961
  5. Tamera Herrmann v. Cencom Cable Associates, IncorporatedCourt of Appeals for the Seventh Circuit · 1993

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