Addison v. Seaver (In Re Addison)

INTRODUCTION

FEDERMAN, Bankruptcy Judge.

This appeal deals with a common circumstance: shortly prior to filing his bankruptcy petition, the Debtor took steps to maximize the amount of his exempt property, the result of which was that less property was available to creditors in his bankruptcy case. Specifically, the Debtor established tuition savings plan accounts for the benefit of his minor children, paid down the mortgage on his exempt home, and purchased Roth IRAs for himself and his non-debtor spouse. The bankruptcy court 1 held that the tuition savings plans are assets of his estate, and…