IN RE SELTZER

No. 95-16102.

104 F.3d 234 (1996)

In re Kenneth A. SELTZER dba Signs Now, Sharon Seltzer, Debtors. Kenneth A. SELTZER dba Signs Now, Sharon Seltzer, Debtors-Appellees, v. Robert COCHRANE, Trustee-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 23, 1996.


Attorney(s) appearing for the Case

Bob L. Olson, Edwards & Kolesar, Las Vegas, Nevada, for trustee-appellant.

Lenard Schwartzer, Hale, Lane, Peek, Dennison & Howard, Las Vegas, Nevada, for debtors-appellee.

Before SKOPIL and FLETCHER, Circuit Judges, and RHOADES, District Judge.


SKOPIL, Circuit Judge:

We must decide whether the retroactive application of a Nevada statute allowing debtors to exempt Individual Retirement Accounts from bankruptcy violates the Contract Clause of the United States Constitution. Both the bankruptcy court and the district court concluded that although the statute impaired private contract rights, the impairment was justified to achieve a valid public purpose. We agree and affirm.

I.

Kenneth and...

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