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IN RE CHILTON

No. 11-40377.

674 F.3d 486 (2012)

In the matter of Janice Elaine CHILTON; Robert Gregg Chilton, Debtors. Robert Gregg Chilton and Janice Elaine Chilton, Appellees, v. Christopher Moser, Appellant.

United States Court of Appeals, Fifth Circuit.

March 12, 2012.

Attorney(s) appearing for the Case

Robert M. Nicoud, Jr. (argued), Olson, Nicoud & Gueck, L.L.P., Dallas, TX, for Appellees.

Timothy Andrew York (argued), Quilling, Selander, Lownds, Winslett & Moser, P.C., Dallas, TX, for Appellant.

Tara Ann Twomey , San Jose, CA, for Amicus Curiae.

Before BENAVIDES, STEWART and GRAVES, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The debtors Robert Gregg Chilton and Janice Elaine Chilton inherited an IRA worth $170,000 from Janice Elaine Chilton's mother, Shirley Jean Heil. When they filed for bankruptcy, the debtors sought to exempt the inherited IRA from the bankruptcy estate pursuant to 11 U.S.C. § 522(d)(12), which permits debtors to exempt certain "retirement funds to the extent that those funds are in a fund or account that is exempt from taxation...

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