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· 2/24/1995

In Re Caslavka

Citations

  • 179 B.R. 141
  • 1995 Bankr. LEXIS 329
  • 1995 WL 115877

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that proceeds from sale of homestead are exempt for a reasonable period of time
  • holding annuities exempt to remain true to the purpose of the exemption statutes “which is to protect pension plan payments after retirement”
  • holding “once a debtor gains unrestricted access to funds in an ERISA-qualified plan, such funds do not qualify as a spendthrift trust under § 541(c)(2) and thus are not excludable from the estate”
  • construing Iowa law that \protection afforded by the exemption would be rendered meaningless if exempt status is lost by negotiating the paycheck\
  • stating IRAs are generally not exempt in Iowa under sec. 627.6(8)(e)
  • exemption of wage substitutes supports “the basic requirements of life at a time when the debtor’s earning capacity is limited”

Source: CourtListener parenthetical corpus (CC0).

Judges: Paul J. Kilburg

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.