Legal Opinion

Coleman v. Hainlen (In Re Hainlen)

United States Bankruptcy Court, S.D. Georgia

Decided March 26, 2007No. 18-41829PublishedCited by 2 opinions

1Opinion of the Court

ORDER

SUSAN D. BARRETT, Bankruptcy Judge.

Claudia Q. Hainlen (“Debtor”) claims her interest in a Teachers Retirement System of Georgia annuity, that she receives as a beneficiary, is excluded from the property of her bankruptcy estate pursuant to 11 U.S.C. § 541(c)(2). In the alternative, Debtor claims even if the annuity is included in her bankruptcy estate, it is exempt pursuant to Georgia’s statutory exemptions. Conversely, the Trustee contends the annuity is property of the Debtor’s bankruptcy estate and Debtor cannot exempt her interest therein. The Court has jurisdiction pursuant to 28…

2Cases cited5 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. Meehan v. Wallace (In Re Meehan)Court of Appeals for the Eleventh Circuit · 1997
  3. In Re HthiyUnited States Bankruptcy Court, E.D. Michigan · 2002
  4. The Travelers Insurance Companies v. Fountain City Federal Credit Union, a CorporationCourt of Appeals for the Eleventh Circuit · 1989
  5. Kirksey v. Teachers' Retirement SystemSupreme Court of Georgia · 1983

3Cited by2 opinions

  1. In re UpshawUnited States Bankruptcy Court, N.D. Georgia · 2015
  2. Two Rivers Irrevocable TrustUnited States Bankruptcy Court, M.D. Georgia · 2023

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