Legal Opinion
In Re Leahy
United States Bankruptcy Court, D. Vermont
Decided July 3, 2007No. 06-10574PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OF DECISION Overruling Trustee’s Objections To Debtors’ Claim of Exemption in 403(B) Plan and Denying Trustee’s Turnover Demand
COLLEEN A. BROWN, Bankruptcy Judge.
The issue presented in this case is straightforward: are contributions that Debtor Jean Leahy made to her 403(b) employee retirement plan excluded from property of the bankruptcy estate? Based upon the clear language of the statute, the Court finds that funds in a 403(b) account are excluded from the bankruptcy estate and hence need not be exempted. Therefore, the Court overrules the Trustee’s objections to the Debtors’…
2Cases cited11 opinions
- In Re DevilliersUnited States Bankruptcy Court, E.D. Louisiana · 2007
- Baxter, Barnee v. Johnson (In Re Johnson)United States Bankruptcy Court, S.D. Georgia · 2006
- In Re ZaporskiUnited States Bankruptcy Court, E.D. Michigan · 2007
- In Re ThompsonUnited States Bankruptcy Court, N.D. Ohio · 2006
- In Re HeffernanUnited States Bankruptcy Court, D. Connecticut · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Deborah Seafort v. Beverly BurdenCourt of Appeals for the Sixth Circuit · 2012
- In Re McCullersUnited States Bankruptcy Court, N.D. California · 2011
- In re VanlandinghamUnited States Bankruptcy Court, D. Kansas · 2014
- Lucas Myhre GonyierUnited States Bankruptcy Court, N.D. Iowa · 2022
- Shirley T SherrodUnited States Bankruptcy Court, D. South Carolina · 2024
1 more not listed; retrieve them via the Exa API.