DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
072064P.pdf 08/07/2008 Lance Addison v. Randall Seaver
U.S. Court of Appeals Case No: 07-2064
and No: 07-2727
Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit
[PUBLISHED] [Smith, Author, with Bye and Colloton, Circuit Judges]
Civil case - bankruptcy. It was clear error for the bankruptcy court to
find that debtor had the requisite intent to hinder, delay or defraud a
creditor when he converted some nonexempt property into his homestead
on the day he filed bankruptcy; on the same analysis, the court erred in
disallowing a Roth IRA exemption; on the same analysis, the court erred
in denying debtor a discharge on the collateral estoppel effect of its
earlier findings on disallowing the exemptions; Section 529 tuition
savings accounts are nonexempt property of the bankruptcy estate.