Legal Opinion

Lerbakken v. Sieloff & Assocs., P.A. (In re Lerbakken)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided October 16, 2018No. 18-6018PublishedCited by 2 opinions

1Opinion of the Court

SHODEEN, Bankruptcy Judge,

The Debtor, Brian Lerbakken, appeals the bankruptcy court's1 Order dated May 29, 2018 disallowing his claimed exemptions in a Wells Fargo 401K and an IRA account.

BACKGROUND

In September 2014 Lerbakken retained Sieloff & Associates, P. A. (Sieloff) to represent him in his divorce proceeding in Lake County, Minnesota. The state court's order dissolving the marriage adopted the parties' stipulated property settlement which awarded Lerbakken one-half of the value in his ex-wife's Wells Fargo 401K and an entire IRA account (Accounts). The order directed counsel to submit a…

2Cases cited3 opinions

  1. Clark v. RamekerSupreme Court of the United States · 2014
  2. Rice v. Allard (In re Rice)District Court, E.D. Michigan · 2012
  3. Bianca Rucker Tr. v. Belew (In re Belew)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2018

3Cited by2 opinions

  1. Brian Lerbakken v. Sieloff and Associates, P.A.Court of Appeals for the Eighth Circuit · 2020
  2. Sharon S. BrainardUnited States Bankruptcy Court, D. Connecticut · 2023

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