Legal Opinion
In Re: Nadine F. Eilbert, Debtor. Nadine F. Eilbert v. David Dennis Pelican Anita L. Shodeen
Court of Appeals for the Eighth Circuit
Decided December 7, 1998No. 97-4311PublishedCited by 82 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
Debtor Nadine F. Eilbert appeals a judgment of the Eighth Circuit Bankruptcy Appellate Panel 1 affirming an order of the United States Bankruptcy Court for the Southern District of Iowa 2 that disallowed a claimed exemption in an annuity contract. The asset at issue is a single premium variable annuity purchased by an elderly annuitant with the proceeds of her husband’s estate for the purpose of using a subsequent bankruptcy to free those proceeds from the claim of a judgment creditor. The question is whether this asset qualifies for the exemption for “a payment under a…
2Cases cited14 opinions
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
- City of Davenport v. Public Employment Relations BoardSupreme Court of Iowa · 1978
- In Re Glen H. Huebner, Debtor. Glen H. Huebner v. Farmers State Bank, Grafton, IowaCourt of Appeals for the Eighth Circuit · 1993
- Huebner v. Farmers State Bank, GraftonSupreme Court of the United States · 1993
- Iowa Methodist Hospital v. LongSupreme Court of Iowa · 1943
9 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Andresen v. Nebraska Student Loan Program, Inc. (In Re Andresen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
- Wendover Financial Services v. Hervey (In Re Hervey)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
- Ford v. Student Loan Guarantee Foundation of Arkansas (In Re Ford)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
- Cline v. Illinois Student Loan Assistance Ass'n (In Re Cline)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
- United States v. Planned Parenthood of the HeartlandCourt of Appeals for the Eighth Circuit · 2014
77 more not listed; retrieve them via the Exa API.