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IN RE LERBAKKEN

No. 18-3415.

949 F.3d 432 (2020)

IN RE: Brian A. LERBAKKEN Debtor. Brian A. Lerbakken Appellant, v. Sieloff and Associates, P.A. Appellee. National Consumer Bankruptcy Rights Center; National Association of Consumer Bankruptcy Attorneys, Amici on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: February 7, 2020.

Attorney(s) appearing for the Case

John F. Hedtke , Hedtke Law Office, Duluth, MN, for Appellant.

Thomas Charles Atmore , Andrea M. Hauser , Leonard & O'Brien, Minneapolis, MN, Matthew R. Burton , Morrison & Sund, Minnetonka, MN, for Appellee.

Tara A. Twomey , National Association of Consumer Bankruptcy Attorneys, San Jose, CA, for Amicus on Behalf of Appellant(s).

Before COLLOTON, WOLLMAN, and BENTON, Circuit Judges.

A state court awarded Brian A. Lerbakken part of his ex-wife's Individual Retirement Account and her 401(k) in a dissolution decree. Lerbakken filed for bankruptcy, claiming that his interests in the IRA and 401(k) are exempt as "retirement funds." Sieloff & Associates, P.A., a creditor, objected to the exemptions. The...

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