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IN RE CLARK

Nos. 12-1241, 12-1255.

714 F.3d 559 (2013)

In the Matter of Brandon C. CLARK and Heidi Heffron-Clark, Debtors-Appellees. Appeal of William J. Rameker, Trustee.

United States Court of Appeals, Seventh Circuit.

Decided April 23, 2013.

Attorney(s) appearing for the Case

Denis P. Bartell , Sean Michael Murphy (argued), Attorneys, DeWitt, Ross & Stevens, S.C., Madison, WI, for Debtors-Appellees.

Stephen L. Morgan (argued), Attorney, Murphy & Desmond, S.C., Madison, WI, for Trustee.

Roger Sage , Attorney, Madison, WI, for Appellant.

David P. Leibowitz , Attorney, Lakelaw, Waukegan, IL, Tara A. Twomey , Attorney, San Jose, CA, for Amicus Curiae.

Before EASTERBROOK, Chief Judge, and FLAUM and WILLIAMS, Circuit Judges.

EASTERBROOK, Chief Judge.

Congress has decided that funds set aside for retirement need not be used to pay pre-retirement debts. This policy is implemented through 11 U.S.C. § 522(b)(3)(C) and (d)(12), which exempt retirement funds from creditors' claims in bankruptcy. This appeal presents the question whether a non-spousal inherited individual retirement account ("inherited IRA" for short) is exempt.

Section 522(b)(3)(C) and (d)(12) are identical. Each...

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