Legal Opinion

In Re Werth

United States Bankruptcy Court, D. Kansas

Decided March 31, 2012No. 19-20420PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER GRANTING TRUSTEE’S MOTION FOR TURNOVER

ROBERT D. BERGER, Bankruptcy Judge.

Chapter 7 Trustee Eric Rajala moves for an order directing Debtors to turn over the balances in two accounts designated as 529 college savings accounts. The motion is granted because the accounts do not fall within any statutory exemption, and only pre-petition support obligations may be paid from estate assets.

Findings of Fact

Debtors filed a Chapter 7 petition on April 14, 2011, and received a discharge on January 23, 2012. On December 2, 2010, Debtors opened two 529 accounts for the benefit of…

2Cases cited5 opinions

  1. Kontrick v. RyanSupreme Court of the United States · 2004
  2. Coggin v. Coggin (In re Coggin)Court of Appeals for the Eleventh Circuit · 1994
  3. Baddin v. Olson (In Re Olson)United States Bankruptcy Court, D. Minnesota · 1986
  4. In Re BourguignonUnited States Bankruptcy Court, D. Idaho · 2009
  5. In Re DorfUnited States Bankruptcy Court, N.D. Illinois · 1998

3Cited by1 opinion

  1. Mike Terance TracyUnited States Bankruptcy Court, D. Idaho · 2021

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