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Legal Opinion

In re Earnhart

United States Bankruptcy Court, S.D. Illinois

Decided November 22, 1991No. Bankruptcy No. BK 91-50384Published

1Opinion of the Court

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

Paul T. Earnhart and Josephine L. Earn-hart (“debtors”) filed a chapter 7 bankruptcy petition on April 16, 1991. Debtors listed as exempt their interests in three separate retirement plans pursuant to Ill.Rev. Stat. ch. 110, 1112-1006(a).1 The combined value of the three plans is approximately $72,610.00. Both the Trustee and First National Bank of Highland (“Bank”) filed objections to debtors’ exemptions, contending that the Illinois exemption statute for retirement plans is preempted by the Employee Retirement Income and Security Act (“ERISA”).

The…

2Cases cited7 opinions

  1. Raymond Lione Morter, AKA D/B/A Swinengineering, Inc., Debtor-Appellant v. Farm Credit ServicesCourt of Appeals for the Seventh Circuit · 1991
  2. In Re DagnallUnited States Bankruptcy Court, C.D. Illinois · 1987
  3. McNeal v. BonnelSupreme Court of Missouri · 1967
  4. Clark v. Kazi (In Re Kazi)United States Bankruptcy Court, S.D. Illinois · 1991
  5. Reliance Insurance Company v. ZeiglerCourt of Appeals for the Seventh Circuit · 1991

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