Legal Opinion

In re Kizer

United States Bankruptcy Court, E.D. Michigan

Decided October 2, 2015No. Case No. 13-58567PublishedCited by 4 opinions

1Opinion of the Court

OPINION REGARDING THE PENDING OBJECTIONS TO THE DEBTOR’S AMENDED CLAIM OF EXEMPTIONS

Thomas J. Tucker, United States Bankruptcy Judge

In Clark v. Rameker, — U.S.-, 134 S.Ct. 2242, 189 L.Ed.2d 157 (2014), the United States Supreme Court held that a bankruptcy debtor’s interest in an inherited individual retirement account (“IRA”) does not qualify as “retirement funds,” under the exemption provisions of 11 U.S.C. § 522(b)(3)(C). In this case, the Court must decide whether a bankruptcy debtor’s interest in accounts he received as an “alternate payee,” as a result of the division of his ex-wife’s…

2Cases cited9 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. Allard v. Coenen (In Re Trans-Industries, Inc.)United States Bankruptcy Court, E.D. Michigan · 2009
  3. Clark v. RamekerSupreme Court of the United States · 2014
  4. Menninger v. Schramm (In Re Schramm)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
  5. Makoroff v. Buick (In Re Buick)United States Bankruptcy Court, W.D. Pennsylvania · 1999

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In re SharkeyUnited States Bankruptcy Court, E.D. Michigan · 2017
  2. Jason Robert Wylie and Leah S. WylieUnited States Bankruptcy Court, E.D. Michigan · 2021
  3. Joseph Jack Minc and Karen Esther MincUnited States Bankruptcy Court, E.D. Michigan · 2025
  4. Sharon S. BrainardUnited States Bankruptcy Court, D. Connecticut · 2023

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