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IN RE McCOLLAM

No. 90-5733.

955 F.2d 678 (1992)

In re Paula L. McCOLLAM, Debtor. Thomas E. LeCROY, Plaintiff-Appellant, v. Paula L. McCOLLAM, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 9, 1992.

Attorney(s) appearing for the Case

Thomas Allan Rice, Smolar, Roseman & Barnes, Atlanta, Ga., Theodore A. Jewell, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, Miami, Fla., for plaintiff-appellant.

Daniel L. Baskt, Leslie G. Cloyd, Ackerman, Bakst, Lauer & Scherer, West Palm Beach, Fla., for defendant-appellee.

Before DUBINA, Circuit Judge, and HENDERSON and CLARK, Senior Circuit Judges.

CLARK, Senior Circuit Judge:

This case involves whether an asset (classified as an annuity) of a debtor qualifies as an exemption from creditor claims in bankruptcy under Fla.Stat. § 222.14. The Supreme Court of Florida has never addressed the specific issue presented here: whether an annuity contract which is established in lieu of a creditor paying a debtor a lump sum presently owed is exempt under this statute. Although the plain language of the statute appears...

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