Legal Opinion

In Re Seeling

United States Bankruptcy Court, D. Massachusetts

Decided May 24, 2012No. 11-30957PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is the “Trustee’s Objection to Debtor’s Exemption in an Inherited IRA” (the “Trustee’s Objection”). The Court must here decide whether a debtor may employ 11 U.S.C. § 522(d)(12) 1 to exempt an individual retirement account whose proceeds have been inherited — a question that appears to be one of first impression in this Circuit.

I. FACTS AND TRAVEL OF THE CASE

The parties have stipulated to all of the relevant facts.

Holly Anne Seeling (the “Debtor”) was the named beneficiary of 50% of a Tax Deferred Annuity Account (the…

2Cases cited11 opinions

  1. Rousey v. JacowaySupreme Court of the United States · 2005
  2. Doeling v. Nessa (In Re Nessa)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2010
  3. In Re ChiltonUnited States Bankruptcy Court, E.D. Texas · 2010
  4. In Re ThiemUnited States Bankruptcy Court, D. Arizona · 2011
  5. In re: Travis M. Hamlin and Brittany B. HamlinUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012

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3Cited by6 opinions

  1. In re GordonUnited States Bankruptcy Court, D. Massachusetts · 2012
  2. Diamond v. Trawick (In re Trawick)United States Bankruptcy Court, C.D. California · 2013
  3. In re BertoneUnited States Bankruptcy Court, D. Massachusetts · 2013
  4. In re RemiaUnited States Bankruptcy Court, D. Massachusetts · 2013
  5. In re Soori-ArachiUnited States Bankruptcy Court, D. Rhode Island · 2019

1 more not listed; retrieve them via the Exa API.

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