In Re Ellis

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

The debtor in this case seeks to exempt a whole life insurance policy that provides for the payment of an annuity when the debtor reaches the age of 65. The debtor’s claim is premised on the Illinois provision exempting a debtor’s interest in a retirement plan. See 735 Ill. Comp. Stat. 5/12-1006. The trustee objects that the debtor’s policy is an insurance policy, not an annuity, and, as such, fails to qualify under the Illinois “retirement plan” exemption. The trustee, therefore, requests turnover of the surrender value of the policy for the benefit…