MEMORANDUM OF DECISION
RALPH B. KIRSCHER, Bankruptcy Judge.
In this Chapter 7 bankruptcy, the Chapter 7 Trustee filed on February 3, 2015, an objection to Debtor's claimed exemption of $6,905.65 in a Morgan Stanley IRA Acct. #319-116461-409. The Trustee argues in his objection that the "Traditional Inherited IRA" is not exempt under Mont. Code Ann. ("MCA") § 25-13-608(1)(e). Debtor opposes the Trustee's objection, arguing an inherited IRA is still an IRA under 26 U.S.C. § 408 and that Montana law makes no exception for the exemption just because the IRA is inherited. In a stipulation filed April 9, 2015, the parties agreed to submit the matter on the following facts:
a. Debtor filed his Chapter 7 Bankruptcy Petition on December 1, 2014 and Joseph V. Womack was appointed Trustee of the case.
b. Debtor's Schedule B, item no. 12 lists Personal Property of the Debtor as "MorganStanley (sic) IRA. Acct. #319-116461-409" valued at $6,905.65 ("Traditional Inherited IRA").
c. Trustee requested and received information from the Debtor regarding the IRA and learned that it was a "Traditional Inherited IRA" as set forth on the Morgan Stanley Client Statement attached [to the stipulation] as Exhibit A.
d. Trustee filed a timely objection to Debtor's claim of exemption and Debtor filed a timely response to Trustee's objection.
e. Prior to Debtor's filing of his bankruptcy petition Debtor inherited the interest in the Traditional Inherited IRA from his mother when she passed away.
f. Debtor is 40 years old and is employed by Simms Fishing Products as a Customer Care representative. He is married and his spouse did not file bankruptcy with her husband.
g. Debtor has made no personal contributions to the Traditional Inherited IRA and he cannot invest additional money in the account.
h. Debtor is required to withdraw money from the Traditional Inherited IRA account no matter how far he is from retirement.
i. Debtor may withdraw the entire balance of the account at any time and use it for any purpose without penalty.
Pursuant to MONT. R. APP. P. 15(3), this Court determined that the answer to the question raised by the parties may be determinative of an issue in pending litigation of the certifying court and there is no controlling appellate decision, constitutional provision, or statute of this State. Thus, pursuant to MONT. R. APP. P. 15(3), this Court certified the following question of law to the Montana Supreme Court:
On November 10, 2015, the Supreme Court of the State of Montana answered "no" to the above question.
This Memorandum of Decision contains the court's findings of fact and conclusions of law required by Federal Rule of Civil Procedure 52(a), made applicable to this contested matter by Federal Rules of Bankruptcy Procedure 7052 and 9014(c). The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334. This is a core proceeding as defined in 28 U.S.C. § 157(b)(2)(B)"
APPLICABLE LAW and DISCUSSION
Upon the filing of a bankruptcy petition, an estate is created consisting of all legal and equitable interests of the debtor in property as of the date of the filing of the petition. § 541(a)(1). Section 522 allows a debtor to exempt certain property from his or her estate. Exemptions are to be liberally construed in favor of the debtor who claims the exemption. Arrol v. Broach (In re Arrol), 170 F.3d 934, 937 (9`" Cir.1999). A claim of exemption is presumed valid, and the burden is on the objecting party to prove, by a preponderance of the evidence, that an exemption is improperly claimed. Tyner v. Nicholson (In re Nicholson), 435 B.R. 622, 630 (9th Cir. BAP 2010); Rule 4003(c).
Montana has opted out of the federal exemption scheme provided in § 522(d). See MCA § 31-2-106
The Supreme Court of the State of Montana has concluded that lu[nder the plain language of § 25-13-608(1)(e), MCA, inherited IRAs are not exempt from the bankruptcy estate." In accordance with such ruling, the Court will enter a separate order providing as follows:
IT IS ORDERED that the Chapter 7 Trustee Objection to Debtor's claimed exemption of $6,905.65 in a Morgan Stanley IRA Acct. #319-116461-409 is sustained; and Debtor's claimed exemption of $6,905.65 in Morgan Stanley IRA Acct. #319-116461-409 is denied.