Legal Opinion

In re Hamm

United States Bankruptcy Court, N.D. Illinois

Decided July 9, 2018No. Bankruptcy No. 17-81489PublishedCited by 1 opinion

1Opinion of the Court

Thomas M. Lynch, United States Bankruptcy Judge

This matter comes before the court on the Chapter 7 trustee's objection to the Debtor's claim that the funds she holds in an Edward Jones account are exempt as retirement plan assets under 735 Ill. Comp. Stat. 5/12-1006. (ECF No. 26. (the "Objection").) The Debtor, Penny C. Hamm, had been listed as a beneficiary on her mother's retirement account. After her mother died, Ms. Hamm opened a new "Individual Retirement Account" at Edward Jones with proceeds from her mother's account. The Debtor now asserts the funds in her account qualify for the…

2Cases cited9 opinions

  1. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  2. In the Matter of Richard E. BARKER, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1985
  3. Clark v. RamekerSupreme Court of the United States · 2014
  4. In the Matter Of: Fred E. Schoonover, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 2003
  5. In Re James George ONDRAS, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1988

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3Cited by1 opinion

  1. In re: Lynette KapsinowSupreme Court of Rhode Island · 2019

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