NOT RECOMMENDED FOR FULL
- TEXT PUBLICATION File Name: 14a0500n.06 No. 13
- 6531 UNITED STATES COURTS OF APPEALS FOR THE SIXTH CIRCUIT JAMES V. NEAL; CONNIE I. NEAL , Appell ant s ,

v. FIRST ALLIANCE BANK; BANKPLUS BANK , and NORMAN P. HAGEMEYER, Chapter 7 Trustee , Appellees

. ) ) ) ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE

OPINION

BEFORE: GUY, KETHLEDGE, and STRANCH, Circuit Judges. STRANCH, Circuit Judge . Debtors James and Connie Neal appeal the district court’s order affirming a decision of the Bankruptcy Court that denied exemption from the bankruptcy estate of two annuities

. For the reasons stated in the decision of the district court, we affirm the order of the bankruptcy cour t

. The Neals filed a voluntary petition for Chapter 7 bankruptcy in May 2012 . I n their Schedule C listing of property claimed as exempt from creditors , they included two annuities that are the subject of this appeal. The Chapter 7 Trustee , joined by cred itors First Alliance Bank and BankPlus, objected to the claimed exemption s as not authorized under Tennes see Code Annotated § 56

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- 203.Case No. 13

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James Neal, et al. v. First Al liance Bank, et al.

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- For the two annuities as issue , Annuity 4160 listed James Neal as the owner and Connie Neal a s th e Annuitant and the Be neficiary and Annuity 4524 listed Connie Neal a s the owner, and James Neal a s the Annuitant and the Beneficiary. According to both annuity contracts, the owner is “[t]he person or entity shown in the Schedule

. . . , that owns the master group contract

un de r which [the] Annuity is issued”; the annuitant is the person on whose life the annuity is based; and the beneficiary is the recipient of the de ath benefit under the annuity. The statute at issue provides that: The net amount payable under any policy of life insurance or under any annuity contract upon the life of any person made for the benefit of, or assigned to, the spouse and/or children, or dependent relatives of the persons, shall be exempt from all claims of the creditors of the person arising out of or based upon any obligation created after January 1, 1932, whether or not the right to change the named beneficiary is reserved by or permitted to that person. Tenn. Code Ann. § 56

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- 203. The bankruptcy court conducted a hearing on the Trustee’s ob jec tion to the exemption and sustained the objection, determining that the annuities did not qualify. The Neals appealed to the district court, which analyzed the language in the statute and affirmed the bankruptcy court’s decision. The Neals appealed to th is court. In an appeal from the district court’s review of a bankruptcy court’s decision, we owe no special deference to the district court. In re Eagle

- Picher Indus., Inc ., 447 F.3d 461, 463 (6th Cir. 2006). We “review the bankruptcy court's legal conc lusions de novo and uphold its factual findings unless clearly erroneous.” Id

. (internal quotation marks omitted). Here, the district court’ s well

- written order correctly analyzes Tennessee Code Annotated § 56

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- 203 and the bankruptcy court’s decision

. We find nothing in the bankruptcy court’s legal conclusions or factual analysis that requires further explanation. Therefore, we adopt the district court’ s reasoning and its determination that the bankruptcy court was correct in deciding that theCase No. 13

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James Neal, et al. v. First Al liance Bank, et al.

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- annuitie s at issue do not qualify as exempt under Tennessee Code Annotated § 56

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- 203. Accordingly, we affirm the judgment of the district court.