ESTATE OF JONES BY BLUME v. KVAMME

No. CX-91-1359.

481 N.W.2d 94 (1992)

ESTATE OF Emlyn JONES, Deceased, by Lorraine J. BLUME, its Personal Representative, Respondent, v. J. Peder KVAMME, Appellant, John Kvamme, et al., Defendants.

Court of Appeals of Minnesota.

Review Granted in Part May 18, 1992.


Attorney(s) appearing for the Case

Daniel P. Taber, Minneapolis, Kevin O'C. Green Manahan, Bluth, Green, Friedrichs & Marsh, Mankato, for respondent.

William S. Borchers, William J. Joanis, Hessian, McKasy & Soderberg, P.A., Minneapolis, for appellant.

Considered and decided by RANDALL, P.J., and NORTON and AMUNDSON, JJ.


OPINION

AMUNDSON, Judge.

Respondent obtained a judgment against appellant and attempted to garnish his individual retirement account (IRA) at Dain Bosworth (Dain). Appellant claimed the IRA was exempt from garnishment pursuant to Minn.Stat. § 550.37, subd. 24. The trial court concluded the IRA was not exempt because it had been used as security. The trial court also concluded the IRA was not reasonably necessary for the support of appellant, his spouse...

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