Walsh v. Benson (In Re Benson)

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

The district court has remanded these matters for further proceedings. The district court concluded that this court erred as a matter of law in sustaining objections by the chapter 7 trustee to exemptions debtors had taken in portions of their respective individual retirement accounts (IRAs) in accordance with § 522(d)(10)(E) of the Bankruptcy Code.

After conducting evidentiary hearings as directed by the district court, we again sustain the objections by the chapter 7 trustee to debtors’ exemptions. For reasons set forth below, debtors’…