In re: | ) |   |
) |   | |
GEORGE J. MURPHY and | ) | Case No. F93-00256-DMD |
ALICE MURPHY, | ) | Chapter 7 |
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Debtors. | ) |   |
_____________________________________ | ) |   |
The debtors claimed these assets exempt under state law, AS 09.38.010 et seq., but did not specify under which provisions these assets qualify for exemption.AHFC objected to the debtors' exemption of the following assets:
PERS retirement account $5,030.00 Account for deposit of VA benefits $30.00 Cash $100.00 Credit Union account $100.00 U.S. Savings Bonds $3,000.00 Trust account $3.52
Gutterman v. First Nat. Bank of Anchorage, 597 P.2d 969, 974 (Alaska 1979), citing Tally v. Palmer, 112 Kan. 391, 210 P. 1104 (1922) [emphasis added].It is well settled that the proceeds of exempt property are exempt to the debtor for a reasonable time, to enable him . . . to invest the money in other exempt property.
In re Rundlett, 149 B.R. 353, 358 (Bankr. S.D.N.Y. 1993) [citation omitted]; see also Matter of Wickstrom, 113 B.R. 339, 345 (Bankr. W.D. Mich. 1990). The fact that exemptible property was involved in the prepetition transfers will not preclude the trustee from seeking to avoid its transfer as a preference. In re Owen, 104 B.R. 929, 932 (C.D. Ill. 1989); Wickstrom, 113 B.R. at 345-346. Further, since the debtors' transfer of the proceeds was voluntary, they are precluded from claiming exempt any funds which may be recovered by the trustee. 11 U.S.C. § 522(g), (i). I conclude that, with regard to the proceeds of the debtors' IRA, only the remaining $3.52 in their attorney's trust account is exempt. The balance, which has been transferred to creditors, has 3 ABR 347 lost its exempt status and the debtors cannot claims these funds exempt in the event the trustee recovers them as preferences.When a debtor chooses to transfer exemptible property to a creditor, the debtor is deemed to have chosen not to claim that property as exempt.
BY THE COURT | |
DONALD MacDONALD IV | |
United States Bankruptcy Judge |