In the Matter of Helen Dorothy Johnson, Debtor. Helen Dorothy Johnson v. Jody Fenslage
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
In February of 1981, appellant Helen Dorothy Johnson filed a petition for relief under Chapter 7 of the Bankruptcy Code and later claimed certain exemptions from her bankruptcy estate. Jody Fenslage, a judgment creditor, objected to Johnson’s claim that a tax-deferred annuity was exempt from the bankruptcy estate under a Texas statute which provided an exemption for life insurance policies. 1 In an order issued June 21, 1982, the Bankruptcy Court found that the annuity was not exempt under the cited Texas statute. Further, the Court found that because Johnson had…
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