MATTER OF HAWK

No. 16-20641.

864 F.3d 364 (2017)

In the MATTER OF: Gregory D. HAWK; Marcie H. Hawk, Debtors. Gregory D. Hawk, Appellant, v. Eva S. Engelhart, Chapter 7 Trustee, Appellee.

United States Court of Appeals, Fifth Circuit.

FILED July 19, 2017.


Attorney(s) appearing for the Case

William Pimlott Haddock , Houston, TX, for Appellant.

Aaron J. Power , Porter & Hedges, L.L.P., Houston, TX, for Appellee.

Before STEWART, Chief Judge, and WIENER and PRADO, Circuit Judges.


After filing for Chapter 7 bankruptcy, Gregory and Marcie Hawk claimed an exemption for funds held in an individual retirement account ("IRA"). The Hawks sought to exempt the funds from the bankruptcy estate because tax-exempt or tax-deferred assets held in a qualifying retirement account are generally exempt from...

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