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IN RE GRUBBS

No. 04-13719.

325 B.R. 151 (2005)

In re Joseph Thomas GRUBBS and Teresa Ann Warren Grubbs, Debtors.

United States Bankruptcy Court, M.D. North Carolina, Greensboro Division.

April 29, 2005.

Attorney(s) appearing for the Case

David Reid Huffman, Graham, NC, for Debtors.

MEMORANDUM OPINION

THOMAS W. WALDREP, JR., Bankruptcy Judge.

The single issue in this matter is whether an annuity created pursuant to Section 403(b) of the Internal Revenue Code, 26 U.S.C. § 403(b), is exempt from the claims of the Chapter 7 trustee ("Trustee") under the language of the North Carolina exemption statute that protects both "individual retirement plans as defined in the Internal Revenue Code and any plan treated in the same manner...

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