Legal Opinion
In Re Clement
United States Bankruptcy Court, M.D. Louisiana
Decided July 18, 2005No. 04-13215Published
1Opinion of the Court
MEMORANDUM OPINION
DOUGLAS D. DODD, Bankruptcy Judge.
The Louisiana Legislature has exempted from the claims of creditors and trustees in bankruptcy 1 all annuity contracts and all proceeds of and payments under all annuity contracts, as well as all proceeds and avails of the contracts. See La. R.S. 13:3881(D); La. R.S. 20:33; La. R.S. 22:647(B). The issue in this case is whether the debtors are entitled to exempt their interests in annuities obtained within the year before they filed chapter 7.
FACTS
The debtors settled personal injury claims against New Hampshire Insurance Company in May 2004.…
2Cases cited5 opinions
- Broadmoor, LLC v. ERNEST N. MORIAL EXHIBITIONSupreme Court of Louisiana · 2004
- In Re: OrsoCourt of Appeals for the Fifth Circuit · 2000
- Welltech, Inc. v. AbadieLouisiana Court of Appeal · 1996
- In Re BippertUnited States Bankruptcy Court, W.D. Texas · 2004
- Allison v. Federal Deposit InsuranceDistrict Court, M.D. Louisiana · 1993