Gordon v. Wadsworth (In Re Gordon)

HARTZ, Circuit Judge.

Michael and Rebecca Gordon filed a voluntary petition for bankruptcy on April 16, 2013. They sought to treat $2,051 in a savings account as an exempt asset under the Colorado exemption for “[p]roperty ... held in or payable from any pension or retirement plan or deferred compensation plan.” Colo.Rev.Stat. § 13 — 54—102(l)(s). The Trustee objected on the ground that the exemption does not apply to funds once paid out from a retirement plan. The bankruptcy court sustained the Trustee’s objection and denied the Gordons’ motion for reconsideration. The United States District…