United States Eighth Circuit

In a bankruptcy case, rulings against debtor and denial of discharge are affirmed in part and reversed in part where: 1) the bankruptcy court clearly erred in finding that debtor converted nonexempt property into his homestead with the intent to hinder, delay, or defraud a creditor; 2) it erred similarly in finding debtor transferred nonexempt funds into a Roth IRA with such intent; 3) the resultant denial of discharge required reversal; and 4) two 26 U.S.C. section 529 tuition savings accounts opened for the benefit of his children were nonexempt property of his bankruptcy estate.

Appellate Information

• Decided 08/07/2008
• Published 08/07/2008

Judges

• SMITH, Circuit Judge., Before BYE, SMITH, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kenneth Corey-Edstrom, Minneapolis, MN, argued, for appellant.


• For Appellees:
  
• Michael Sherwood Dove, New Ulm, MN, argued (Bridget L. Bailey, New Ulm, MN, on the brief), for appellee.