In Re Ard
United States Bankruptcy Court, M.D. Florida
1Opinion of the Court
MEMORANDUM OPINION AND ORDER GRANTING TRUSTEE’S MOTION FOR TURNOVER OF PROPERTY OF THE ESTATE
K. RODNEY MAY, Bankruptcy Judge.
The trustee opposes the debtor’s claim to exempt an IRA that she inherited more than ten years ago. For the reasons stated below, the Court concludes that, after the inheritance, the account acquired a different status under the retirement provisions of the Internal Revenue Code. Therefore, the account does not come within the protection of the applicable Florida exemption statute. The trustee’s objection will be sustained and the debtor must turn over the inherited IRA…
2Cases cited5 opinions
- In Re SimsUnited States Bankruptcy Court, N.D. Oklahoma · 1999
- In Re ChiltonUnited States Bankruptcy Court, E.D. Texas · 2010
- In Re NavarreUnited States Bankruptcy Court, M.D. Alabama · 2004
- In Re JarboeUnited States Bankruptcy Court, S.D. Texas · 2007
- Robertson v. DeebDistrict Court of Appeal of Florida · 2009
3Cited by3 opinions
- In Re ThiemUnited States Bankruptcy Court, D. Arizona · 2011
- In re: Travis M. Hamlin and Brittany B. HamlinUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In Re MathusaUnited States Bankruptcy Court, M.D. Florida · 2011