· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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