Legal Opinion
In Re Mathusa
United States Bankruptcy Court, M.D. Florida
Decided March 28, 2011No. 6:10-bk-13336PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION OVERRULING TRUSTEE’S OBJECTION TO DEBTORS’ AMENDED CLAIM OF EXEMPTIONS
KAREN S. JENNEMANN, Bankruptcy Judge.
The debtors, James and Marilynn Ma-thusa, claim an exemption under both Florida and federal law for funds held in an individual retirement account that Mar-ilynn inherited from her mother. 1 The Chapter 7 Trustee, Leigh R. Meininger, objects, arguing the debtors’ inherited IRA is not exempt under any theory or law. 2 Because the Court concludes that the inherited IRA is exempt under § 522(b)(3)(C) of the Bankruptcy Code, 3 the trustee’s objection is overruled.
The…
2Cases cited6 opinions
- Doeling v. Nessa (In Re Nessa)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2010
- Bierbach v. Tabor (In Re Tabor)United States Bankruptcy Court, M.D. Pennsylvania · 2010
- In Re PettitUnited States Bankruptcy Court, M.D. Florida · 1998
- In Re StevensonUnited States Bankruptcy Court, M.D. Florida · 2007
- Robertson v. DeebDistrict Court of Appeal of Florida · 2009
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3Cited by3 opinions
- In re: Travis M. Hamlin and Brittany B. HamlinUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In Re ClarkUnited States Bankruptcy Court, W.D. Wisconsin · 2011
- In Re JohnsonUnited States Bankruptcy Court, W.D. Washington · 2011