In re: Travis M. Hamlin and Brittany B. Hamlin
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KIRSCHER, Bankruptcy Judge.
Appellant, chapter 7 2 trustee Brian Mullen (“Trustee”), appeals a bankruptcy court order allowing debtors’ claimed exemption under § 522(b)(3)(C) for an individual retirement account (“IRA”) Brittany Hamlin (“Ms. Hamlin”) (collectively “Debtors”), inherited from her grandmother prepetition. In this issue of first impression before a court of appeals within the Ninth Circuit, we hold that a debtor can exempt funds in an IRA inherited from a non-spouse under § 522(b)(3)(C), and we AFFIRM.
I. FACTUAL AND PROCEDURAL BACKGROUND
In their Schedule C, Debtors claimed…
2Cases cited26 opinions
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Patterson v. ShumateSupreme Court of the United States · 1992
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- In Re SlimickCourt of Appeals for the Ninth Circuit · 1990
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