Legal Opinion
In Re Krebs
Court of Appeals for the Third Circuit
Decided May 19, 2008No. 06-2959PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
FISHER, Circuit Judge.
This appeal requires us to revisit one of our precedents in deciding whether a debt- or’s right to receive payment from an individual retirement account (IRA) may be exempt from the bankruptcy estate under 11 U.S.C. § 522(d)(10)(E), even though the debtor has not yet reached retirement age. For the reasons that follow, we hold that an intervening Supreme Court decision impliedly overrules our own earlier precedent. Accordingly, we will vacate the order of the District Court relying on that precedent and remand.
I
Susan Marie Krebs filed a voluntary…
2Cases cited15 opinions
- Rousey v. JacowaySupreme Court of the United States · 2005
- In Re Robert H. Clark, Debtor. Robert H. Clark v. Thomas J. O'neill, as Trustee. Robert H. ClarkCourt of Appeals for the Third Circuit · 1983
- Robert B. Reich, Secretary of Labor, United States Department of Labor v. D.M. Sabia Company and Occupational Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1996
- The Mennen Company v. Atlantic Mutual Insurance Company, Centennial Insurance Company, Aetna Casualty & Surety Company Federal Insurance CompanyCourt of Appeals for the Third Circuit · 1998
- Carmichael v. OsherowCourt of Appeals for the Fifth Circuit · 1996
10 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Don Karns v. Kathleen ShanahanCourt of Appeals for the Third Circuit · 2018
- Bruni v. City of PittsburghCourt of Appeals for the Third Circuit · 2016
- United States v. OrocioCourt of Appeals for the Third Circuit · 2011
- In Re American Capital Equipment, LLCCourt of Appeals for the Third Circuit · 2012
- Marie DiFiore v. CSL Behring LLCCourt of Appeals for the Third Circuit · 2018
22 more not listed; retrieve them via the Exa API.