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IN RE MARSELLA

Bankruptcy No. 95-12106.

188 B.R. 731 (1995)

In re Henry C. MARSELLA and Linda C. Marsella, Debtors.

United States Bankruptcy Court, D. Rhode Island.

November 14, 1995.

Attorney(s) appearing for the Case

Anthony S. Buglio, Warwick, RI, for Debtors.

Matthew McGowan, Chapter 7 Trustee, Providence, RI.

ORDER OVERRULING TRUSTEE'S OBJECTION TO EXEMPTION

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Before the Court is the Chapter 7 Trustee's Objection to the Debtor Henry Marsella's claimed exemption in an Individual Retirement Account. The Trustee argues that an IRA is not exempt under 11 U.S.C. § 522(d)(10)(E) if the Debtor has no present right to payment under the plan, and he cites In re Chick,

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