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In re Golz

In re Golz, 2015 MT 318 (Nov. 10, 2015) (Shea, J.) (7-0, cert. ques. answered)

Issue: Whether a bankruptcy debtor may claim an exemption in an inherited Individual Retirement Account under § 25-13-608(1)(e), MCA.

Short Answer: No.

Certified question from U.S. Bankruptcy Court answered

Facts: Christopher Golz filed for chapter 7 bankruptcy in December 2014. Golz is 40 years old and employed by Simms Fishing Products. Golz’s spouse did not file bankruptcy with him.

Golz inherited an ORA account from his mother upon her death, the value of which was listed by Golz as $6,905.65. Golz claimed the IRA as exempt property, and the trustee objected. Golz has not contributed to the account and cannot invest additional money in the account.…