American National Bank v. Huff (In Re Huff)

MEMORANDUM AND ORDER

ROBERT L. EISEN, Bankruptcy Judge.

This matter came before the court on the trustee’s objection to an exemption claimed by the debtor herein (“Huff”). The property which the debtor seeks to exempt is a fund held by the Illinois State Board of Investment which exists by virtue of Huff’s contributions to a deferred compensation plan. For reasons set forth in this opinion, the court holds that the fund is property of the bankruptcy estate. Furthermore, the court concludes that Huff may not claim that the fund is exempt under applicable Illinois law.

I. FACTS

Huff has filed a…