IN RE BAKER

No. 09-13144 Non-Argument Calendar.

590 F.3d 1261 (2009)

In re: Sarah E. BAKER, Debtor. Sarah E. Baker, a.k.a. S. Elizabeth Baker, a.k.a. Sarah Elizabeth Baker, Plaintiff-Appellant, v. Robert E. Tardif, Jr., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 22, 2009.


Attorney(s) appearing for the Case

Charles Phoenix, PT, Phoenix Law PA, Fort Myers, FL, for Plaintiff-Appellant.

Landis Vernon Curry, III, Dennis Parker Waggoner, Hill, Ward & Henderson, P.A., Tampa, FL, John W. Little, III, Brigham Moore, West Palm Beach, FL, for Amici Curiae.

Before BLACK, PRYOR and FAY, Circuit Judges.


PER CURIAM:

Sarah Baker appeals the judgment that her Keogh plan is property of her bankruptcy estate. The district court affirmed the decision of the bankruptcy court that Baker's Keogh plan was not exempt under Florida law. Fla. Stat. § 222.21(2)(a)(1). We reverse and remand for further proceedings.

Baker is the sole participant in and beneficiary of a Keogh plan managed by Fidelity Investments. Fidelity obtained letter rulings from the Internal Revenue...

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