The debtor’s employment was terminated shortly before the Chapter 7 petition was filed. Her 401(k) plan was liquidated and the proceeds were deposited in her bank account on the eve of bankruptcy. She spent most of the funds prior to the § 341 meeting. She thereafter amended her bankruptcy schedules to claim the proceeds as exempt because they came from her retirement account. The trustee objected. The court ruled the objection moot, because the money was no longer in the debtor’s account and the trustee would have no way of recovering it. Regardless of whether the funds were exempt, the trustee had no remedy.
Friday, October 20, 2017