Legal Opinion

In Re Horath

United States Bankruptcy Court, M.D. Florida

Decided June 13, 1990No. Bankruptcy 89-9781-9P7PublishedCited by 2 opinions

1Opinion of the Court

ORDER ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTION

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a Chapter 7 liquidation case and the matter under consideration is an Objection to Claim of Exemption filed by the Trustee. It is the Trustee’s contention that certain individual retirement accounts (IRA’s) established by Paul M. Horath and Donna Faye Horath (Debtors) were established by the Debtors with the specific intent to defraud creditors thus notwithstanding the fact that IRA accounts are specifically immunized from claim of creditors by Fla.Stat. 222.21, their claim to exempt the IRA accounts…

2Cases cited4 opinions

  1. Reed v. ReedCourt of Appeals for the First Circuit · 1983
  2. Norwest Bank Nebraska, N.A. v. TvetenCourt of Appeals for the Eighth Circuit · 1988
  3. H. Wayne Ford v. C. Barney Poston, in Re H. Wayne Ford, DebtorCourt of Appeals for the Fourth Circuit · 1985
  4. Panuska v. Johnson (In Re Johnson)United States Bankruptcy Court, D. Minnesota · 1987

3Cited by2 opinions

  1. In Re CoplanUnited States Bankruptcy Court, M.D. Florida · 1993
  2. In Re KimmelUnited States Bankruptcy Court, S.D. Florida. · 1991

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