MATTER OF ZUMBRUN

No. 02S00-9304-CQ-422.

626 N.E.2d 452 (1993)

In the matter of Brian Lee Zumbrun, Judy Kay Zumbrun, Debtors.

Supreme Court of Indiana.

December 29, 1993.


Attorney(s) appearing for the Case

Todd R. Simonson, Downers Grove, for debtors.

Donald M. Aikman, Fort Wayne, for trustee.


SHEPARD, Chief Justice.

Until recently amended, Indiana's statutes exempting property from execution protected all of a debtor's funds held in retirement accounts regardless of the value. We hold that such an open-ended exemption of intangible assets is contrary to Article 1, Section 22 of the Indiana Constitution.

This case is before us as a certified question from the United States District Court for the Northern District of Indiana, Fort Wayne Division...

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