Legal Opinion
In Re Holt
United States Bankruptcy Court, M.D. Florida
Decided January 14, 2010No. 3:08-bk-4288-PMGPublished
1Opinion of the Court
ORDER ON MOTION FOR REPLEV-IN OF ANNUITY FROM CHAPTER 7 TRUSTEE
PAUL M. GLENN, Chief Judge.
THIS CASE came before the Court for a final evidentiary hearing on a Motion for Replevin of Annuity from Chapter 7 Trustee. The Motion was filed by the Debtor, Ray W. Holt.
The issue in this case is whether certain monthly amounts payable to the Debtor pursuant to a Promissory Note constitute the proceeds of an annuity contract within the meaning of § 222.14 of the Florida Statutes.
The Court finds that the Promissory Note is not an annuity contract, and that the proceeds of the Note are not exempt from…
2Cases cited6 opinions
- In Re McCollamSupreme Court of Florida · 1993
- In Re Paula L. McCollam Debtor. Thomas E. Lecroy v. Paula L. McCollamCourt of Appeals for the Eleventh Circuit · 1993
- Guardian Life Insurance v. SolomonCourt of Appeals for the Eleventh Circuit · 1996
- In Re ConnerUnited States Bankruptcy Court, M.D. Florida · 1994
- In Re DillonUnited States Bankruptcy Court, S.D. Florida. · 1994
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