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CLARK v. LINDQUIST

No. A03-1951.

683 N.W.2d 784 (2004)

Thomas Paul CLARK, Debtor/Appellant, v. Dwight R.J. LINDQUIST, Trustee/Appellee.

Supreme Court of Minnesota.

July 22, 2004.

Attorney(s) appearing for the Case

Thomas F. Miller, Minneapolis, MN, for Appellant.

Patrick B. Hennessy, Best & Flanagan, LLP, Minneapolis, MN, for Respondent.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, RUSSELL A., Justice.

The United States District Court for the District of Minnesota certified to this court the following question of law: Does Minn.Stat. § 550.37, subd. 24 exempt funds in an Individual Retirement Account and/or an Individual Retirement Annuity, each as defined in Section 408 of the Internal Revenue Code, whether or not the debtor has unlimited access to the account balance? We answer the question in the affirmative...

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