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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Bankruptcy: Exemption-“Retirement Funds”

Bankruptcy: Exemption-“Retirement Funds”

Where a debtor argued that his interests in his ex-wife’s individual retirement account and 401(k) were exempt as “retirement funds,” the bankruptcy court properly disallowed the exemption because his interest had not been transferred to an account in his name, and his conditional interest in the 401(k) lacked the legal characteristics of retirement funds. Judgment is ...