No. 06-2959.

527 F.3d 82 (2008)

In re Susan Marie KREBS, Appellant.

United States Court of Appeals, Third Circuit.

Filed: May 19, 2008.

Attorney(s) appearing for the Case

J. Wesley Rowden (Argued), Meadville, PA, for Appellant.

Gary V. Skiba (Argued), Yochim, Skiba, Johnson, Cauley & Nash, Erie, PA, for Appellee.

Before: FISHER, GREENBERG and ROTH, Circuit Judges.


FISHER, Circuit Judge.

This appeal requires us to revisit one of our precedents in deciding whether a debtor's right to receive payment from an individual retirement account (IRA) may be exempt from the bankruptcy estate under 11 U.S.C. § 522(d)(10)(E), even though the debtor has not yet reached retirement age. For the reasons that follow, we hold that an intervening Supreme Court decision impliedly overrules our own earlier precedent...

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