DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
066060P.pdf 03/30/2007 Lance V. Addison v. Randall L. Seaver
U.S. Court of Appeals Case No: 06-6060
U.S. Bankruptcy Court for the District of Minnesota
[PUBLISHED] [Federman, Author, with Schermer and Venters,
Bankruptcy Judges]
Bankruptcy Appellate Panel. Applying pre-Bankruptcy Abuse and
Consumer Protection Act of 2005 law, the bankruptcy court did not err in
finding Section 529 education accounts were property of the estate and
not exempt under Minnesota law; applying Eighth Circuit case law, the
bankruptcy court did not err in finding that the debtor took steps to
convert nonexempt assets to exempt assets with the intent of hindering,
delaying or defrauding his creditors, and the court did not err in denying
debtor's request to exempt the additional equity in his home gained as a
result of the steps; similarly, the court did not err in finding that IRAs
purchased with nonexempt funds were not exempt.