Legal Opinion
In Re Kuchta
United States Bankruptcy Court, N.D. Ohio
Decided April 16, 2010No. 19-30032PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OF OPINION
PAT E. MORGENSTERN-CLARREN, Bankruptcy Judge.
Prepetition, the debtor Jennifer Kuchta inherited the assets in an individual retirement account from her mother. She transferred the assets via a trustee-to-trustee transfer to an IRA that she established in her name as beneficiary of her mother, and has begun to take taxable distributions from it. The debtor claims that the IRA is not part of her bankruptcy estate or, alternatively, that it is exempt from her estate under either state or federal law. The trustee challenges this, and moves for turnover of the IRA. 1 For the…
2Cases cited13 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- Rousey v. JacowaySupreme Court of the United States · 2005
- Hamo v. Wilson (In Re Hamo)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- Ulmer v. Fulton, Supt.Ohio Supreme Court · 1935
- Scott v. Bank One Trust Co.Ohio Supreme Court · 1991
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re ThiemUnited States Bankruptcy Court, D. Arizona · 2011
- In re: Travis M. Hamlin and Brittany B. HamlinUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- Chilton v. MoserCourt of Appeals for the Fifth Circuit · 2012
- In Re ClarkUnited States Bankruptcy Court, W.D. Wisconsin · 2011
- Chilton v. MoserDistrict Court, E.D. Texas · 2011
8 more not listed; retrieve them via the Exa API.