Chilton v. Moser’s Empirical Analysis
674 F.3d 486 · 2012
Citation profile
1 federal appellate · 1 state decisions
Relationships
Applies 11 U.S.C. § 522 · 26 U.S.C. § 402 · 26 U.S.C. § 408 (§ 2002 of the Employee Retirement Income Security Act of 1974)
Relies on Connecticut National Bank v. Germain · Rousey v. Jacoway · Pritchard v. U.S. Trustee · Estate of Kahn v. Comm'r · Doeling v. Nessa (In Re Nessa)
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... The plain meaning of the statutory language refers to money that was “set apart” for retirement. Thus, the defining characteristic of “retirement funds” is the purpose they are “set apart” for, not what happens after they are “set apart.” Here, there is no question that the funds contained in debtors’ inherited IRA were “set apart” for retirement at the time [the decedent] deposited them into an IRA. This reasoning finds further support from 11 U.S.C. § 522 (b)(4)(C), which provides that “a direct transfer of retirement funds from 1 fund or account that is exempt from taxation under section ... 408 ... of the Internal Revenue Code of 1986, ... shall not cease to qualify for exemption under [paragraph (3)(C) and] ... subsection (d)(12) by reason of such direct transfer.” In other words, the direct transfer of “retirement funds” does not alter their status as “retirement funds.” As we see no reason to interpret the statutory language differently from its plain meaning, we hold that the $170,000 contained in the inherited IRA constitute “retirement funds” as that phrase is used in section 522(d)(12).”
1 later decision quote this exact passage · from the majority“An individual retirement account or individual retirement annuity shall be treated as inherited if— (I) the individual for whose benefit the account or annuity is maintained acquired such account by reason of the death of another individual, and (II) such individual was not the surviving spouse of such other individual.”
1 later decision quote this exact passage · from the majoritye.g. In re Everett“[retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986.”
1 later decision quote this exact passage · from the majoritye.g. In Re Seeling
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.