Legal Opinion

In re: Travis M. Hamlin and Brittany B. Hamlin

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 21, 2012No. BAP AZ-11-1083-KiWiJu; Bankruptcy 10-18812-GBNPublishedCited by 15 opinions

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

  1. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  2. Patterson v. ShumateSupreme Court of the United States · 1992
  3. United States v. Real Property Located at 475 Martin LaneCourt of Appeals for the Ninth Circuit · 2008
  4. Clear Channel Outdoor, Inc. v. Knupfer (In Re PW, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  5. In Re SlimickCourt of Appeals for the Ninth Circuit · 1990

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3Cited by15 opinions

  1. In re TallericoUnited States Bankruptcy Court, E.D. California · 2015
  2. In re PasheneeUnited States Bankruptcy Court, E.D. California · 2015
  3. In re JacksonBankruptcy Appellate Panel of the Sixth Circuit · 2018
  4. In Re SeelingUnited States Bankruptcy Court, D. Massachusetts · 2012
  5. In re KaraUnited States Bankruptcy Court, W.D. Texas · 2017

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

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