Wittman v. Koenig

HAMILTON, Circuit Judge.

The sole issue in this appeal is how to apply a Wisconsin statute that exempts from the assets available to creditors to execute judgments a debtor’s annuity contract that “complies with the provisions of the internal revenue code.” See Wis. Stat. § 815.18(3)(j)2.a. The Wisconsin statute does not specify which of the Internal Revenue Code’s provisions (codified in Title 26 of the United States Code) an annuity must comply with to qualify for an exemption. But the statute does require us to construe the exemption to “secure its full benefit to debtors.” Wis. Stat. §…