In Re Darby

OPINION ON OBJECTION TO EXEMPTION

A. POPE GORDON, Bankruptcy Judge.

The trustee filed an objection to the debt- or’s exemption of his interest in two contracts to provide for the future college tuition of his two minor children. 1

The debtor and trustee submitted briefs on the objection.

The facts are undisputed.

Several years prior to bankruptcy, the debtor purchased two prepaid college tuition contracts from the Wallaee-Folsom Prepaid College Tuition Trust Fund. 2 The contracts obligate the trust fund to pay tuition in full for the debtor’s minor children if they attend a state college or…