IN RE EILBERT

No. 97-4311.

162 F.3d 523 (1998)

In re: Nadine F. EILBERT, Debtor. Nadine F. EILBERT, Appellant, v. David Dennis PELICAN; Anita L. Shodeen, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 7, 1998.


Attorney(s) appearing for the Case

Jeffrey W. Courter, Des Moines, Iowa, argued (August B. Landis, Des Moines, Iowa, on the brief), for Appellant.

Anita L. Shodeen, Des Moines, Iowa, argued (Donald F. Nieman, Des Moines, Iowa and Paul C. Peglow, Marshalltown, Iowa, on the brief), for Appellee.

Before BEAM, LOKEN, and MURPHY, Circuit Judges.


LOKEN, Circuit Judge.

Debtor Nadine F. Eilbert appeals a judgment of the Eighth Circuit Bankruptcy Appellate Panel1 affirming an order of the United States Bankruptcy Court for the Southern District of Iowa2 that disallowed a claimed exemption in an annuity contract. The asset at issue is a single premium variable annuity purchased by an elderly annuitant with the proceeds of her husband's estate for the purpose...

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