Hawk v Englehart
- Summarized by Craig Geno , Craig M Geno PLLC
- 7 years 5 months ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- 16-20641 (5th Circuit, Jul 19,2017) Published
- Tag(s):
-
- Ruling:
- Debtors exempted an IRA. After the onjection to exemption deadline expired, they withdrew finds from the IRA. However, they did not "roll over" the withdrawn funds into a replacement IRA, as required by the Texas exemption statues. The Fifth Circuit ruled that the withdrawn finds were not exempt as a result.
- Procedural context:
- Appeal from the United States District Court for the Southern District of Texas
- Facts:
- IRA funds were withdrawn by consumer debtors after the deadline for objections toexemptions had expired. The debtors did not "roll over" the finds into a replacement IRA.
- Judge(s):
- Stewart, Weiner And Prado
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