In Re Paula L. McCollam Debtor. Thomas E. Lecroy v. Paula L. McCollam

CLARK, Senior Circuit Judge:

In our opinion published in 955 F.2d 678, we posed to the Supreme Court of Florida the following question:

WHETHER, AS A MATTER OF LAW, AN ANNUITY CONTRACT WHICH IS ESTABLISHED IN LIEU OF A CREDITOR PAYING A DEBTOR A LUMP SUM PRESENTLY OWED IS EXEMPT FROM CREDITOR CLAIMS IN BANKRUPTCY UNDER FLA.STAT. § 222.14.

On January 28, 1993, the Florida Supreme Court, 612 So.2d 572, 1993 WL 15591, 18 Fla.L.Week 581, answered our question by stating that such an annuity contract is exempt from creditor claims in bankruptcy under Fla.Stat. § 222.14. A copy of the Supreme Court…