In Re Paula L. McCollam Debtor. Thomas E. Lecroy v. Paula L. McCollam

CLARK, Senior Circuit Judge:

This case involves whether an asset (classified as an annuity) of a debtor qualifies as an exemption from creditor claims in bankruptcy under Fla.Stat. § 222.14. The Supreme Court of Florida has never addressed the specific issue presented here: whether an annuity contract which is established in lieu of a creditor paying a debtor a lump sum presently owed is exempt under this statute. Although the plain language of the statute appears to exempt all annuity contracts from creditor claims, our research reveals that courts in jurisdictions other than Florida have…