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IN RE BENSON

Nos. 03-34318 BM, 05-29822BM.

363 B.R. 415 (2007)

In re Cynthia A. BENSON, Debtor. James R. Walsh, Esq., Trustee, Movant, v. Cynthia A. Benson, Respondent, and In re Alan David McMurry, Debtor. James R. Walsh, Esq., Trustee, Movant, v. Alan David McMurry, Respondent.

United States Bankruptcy Court, W.D. Pennsylvania.

March 26, 2007.

Attorney(s) appearing for the Case

Charles A. Bierbach, Bierbach McDowell Zanic, Huntingdon, PA, Michael N. Vaporis, Indiana, PA, for Debtors/Respondents.

James R. Walsh, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, PA, pro se.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

The district court has remanded these matters for further proceedings. The district court concluded that this court erred as a matter of law in sustaining objections by the chapter 7 trustee to exemptions debtors had taken in portions of their respective individual retirement accounts (IRAs) in accordance with § 522(d)(10)(E) of the Bankruptcy Code.

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