Frank v. Wiggins (In Re Wiggins)

MEMORANDUM

CALDWELL, District Judge.

I.Introduction.

This is a Chapter 7 bankruptcy case converted from Chapter 13. The debtors are Junious J. Wiggins and Lula Mae Wiggins, husband and wife. The Trustee has appealed the bankruptcy court’s order of November 1, 2005, which denied his objections to certain exemptions Debtors claimed from the estate.

The main issue presented is whether Mrs. Wiggins’s IRA account is exemptible under 11 U.S.C. § 522(d)(10)(E). In Rousey v. Jacoway, 544 U.S. 320,125 S.Ct. 1561, 161 L.Ed.2d 563 (2005), the Supreme Court said that IRAs are exemptible under that provision,…