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Legal Opinion

William Rameker v. Brandon Clark

Court of Appeals for the Seventh Circuit

Decided April 23, 2013No. 12-1241, 12-1255PublishedCited by 9 opinions

1Opinion of the Court

EASTERBROOK, Chief Judge.

Congress has decided that funds set aside for retirement need not be used to pay pre-retirement debts. This policy is implemented through 11 U.S.C. § 522(b)(3)(C) and (d)(12), which exempt retirement funds from creditors’ claims in bankruptcy. This appeal presents the question whether a non-spousal inherited individual retirement account (“inherited IRA” for short) is exempt.

Section 522(b)(3)(C) and (d)(12) are identical. Each exempts from creditors’ claims any “retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under…

2Cases cited6 opinions

  1. Rodriguez v. United StatesSupreme Court of the United States · 1987
  2. In the Matter of Richard E. BARKER, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1985
  3. Doeling v. Nessa (In Re Nessa)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2010
  4. Chilton v. MoserCourt of Appeals for the Fifth Circuit · 2012
  5. In Re ClarkUnited States Bankruptcy Court, W.D. Wisconsin · 2011

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Clark v. RamekerSupreme Court of the United States · 2014
  2. Anna Robinson v. Cynthia HaganCourt of Appeals for the Seventh Circuit · 2016
  3. In re WestUnited States Bankruptcy Court, N.D. Illinois · 2014
  4. Diamond v. Trawick (In re Trawick)United States Bankruptcy Court, C.D. California · 2013
  5. In re HammUnited States Bankruptcy Court, N.D. Illinois · 2018

4 more not listed; retrieve them via the Exa API.

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