Abbate v. Spear

ORDER

DOUMAR, District Judge.

Presently before the Court is this appeal by Robert W. Abbate and Julie Rae Ab-bate (“the Debtors”) of the Bankruptcy Court’s decision denying the Debtors’ claimed exemption of Mr. Abbate’s individual retirement accounts (“IRAs”). The Bankruptcy Court determined that the Debtors were not entitled to the IRA exemption because it exceeded the amount allowable for the exemption set forth in Virginia Code § 34-34. In determining the allowable exemption, the Bankruptcy Court considered the amount of the Debtors’ 401(k) and IRA accounts. The legal issue on appeal is…