In Re: Nadine F. Eilbert, Debtor. Nadine F. Eilbert v. David Dennis Pelican Anita L. Shodeen, 162 F.3d 523 (8th Cir. 1998). · Go Syfert
In Re: Nadine F. Eilbert, Debtor. Nadine F. Eilbert v. David Dennis Pelican Anita L. Shodeen, 162 F.3d 523 (8th Cir. 1998). Cases Citing This Book View Copy Cite
“an elderly annuitant's age at the inception of the contract does not automatically mean that all payments under the annuity are on account of age.”
189 citation events (145 in the last 25 years) across 25 distinct courts.
Strongest positive: In re Helming (mowb, 2016-09-27)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) In re Helming (3×) also: Cited as authority (rule), Cited "see"
Bankr. W.D. Mo. · 2016 · quote attribution · 1 verbatim quote · confidence high
an elderly annuitant's age at the inception of the contract does not automatically mean that all payments under the annuity are on account of age.
discussed Cited as authority (rule) Duncan v. Jack Henry & Associates, Inc. (2×)
W.D. Mo. · 2022 · confidence medium
In Brown, the Eighth Circuit held that the otherwise undefined “other instruments” clause of § 1024(b)(4) means “formal documents that establish or govern the plan,” based upon the “ordinary meaning” of the term “instrument” in conjunction with the phrase “under which,” and that the terms “should also be read consistently with the more specific terms that precede it.” 190 F.3d at 861 (citing Eilbert v. Pelican, 162 F.3d 523, 527 (8th Cir. 1998)).
examined Cited as authority (rule) Jacqueline L. Taylor -BELOW MED (3×)
Bankr. W.D. Mo. · 2020 · confidence medium
Although exemptions are to be liberally construed in favor of the debtor, Murray v. Zuke, 408 F.2d 483, 487 (8th Cir. 1969), they are also to be construed for the purpose of achieving the legislative intent, not to “extend the provisions of the legislative grant.” In re Eilbert, 162 F.3d 523, 526 (8th Cir. 1998) (citations omitted).
discussed Cited as authority (rule) Theresa Marshall v. ECMC
8th Cir. · 2018 · confidence medium
When reviewing a decision of the BAP, “we act as a second reviewing court of the bankruptcy court’s decision, independently applying the same standard of review as the BAP.” In re Lasowski, 575 F.3d 815, 818 (8th Cir. 2009) (citing Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir.1998)).
examined Cited as authority (rule) Helming v. Reed (In re Helming) (3×) also: Cited "see", Cited "see, e.g."
8th Cir. BAP · 2017 · confidence medium
As the bankruptcy court stated, “her age was not a triggering event making her eligible to receive payment under the [A]nnuity.” See Eilbert, 162 F.3d at 528 (Debtor chose to begin receiving payments shortly after the annuity’s purchase date and not linked to her age and “[a]n elderly annuitant’s age at the inception of the contract does not automatically mean that all payments under the annuity are ‘on account of age.’ ”); Andersen, 259 B.R. at 693 (“[T]he fact that the debtor is near or at retirement age when the annuity is purchased does not create a presumption that the p…
examined Cited as authority (rule) Carol Helming v. John Reed (3×) also: Cited "see", Cited "see, e.g."
8th Cir. BAP · 2017 · confidence medium
As the bankruptcy court stated, “her age was not a triggering event making her eligible to receive payment under the [A]nnuity.” See Eilbert, 162 F.3d at 528 (Debtor chose to begin receiving payments shortly after the annuity’s purchase date and not linked to her age and “[a]n elderly annuitant's age at the inception of the contract does not automatically mean that all payments under the annuity are ‘on account of age.’ ”); Andersen, 259 B.R. -8- at 693 (“[T]he fact that the debtor is near or at retirement age when the annuity is purchased does not create a presumption that the…
discussed Cited as authority (rule) Scott v. Bonnes
S.D. Iowa · 2015 · confidence medium
Thayer v. Planned Parenthood of the Heartland, 765 F.3d 914 , 916 n. 1 (8th Cir.2014) (citing Eilbert v. Pelican, 162 F.3d 523, 526 (8th Cir.1998) ("When an Iowa statute is borrowed from similar, federal legislation, the Iowa courts 'presume our legislature intended what Congress intended.’ ” (quoting City of Davenport v. Pub.
examined Cited as authority (rule) Robert B. Silliman v. Lou Ann Cassell (3×) also: Cited "see"
11th Cir. · 2012 · confidence medium
No. 95-595, at 362 (1977), reprinted in 1978 U.S.C.C.A.N. 5787, 6318 (“Paragraph (10) exempts certain benefits that are akin to future earnings of the debtor.”); see also Rousey, 544 U.S. at 331-32 , 125 S.Ct. at 1569 ; In re Eilbert, 162 F.3d 523, 526-27 (8th Cir.1998).
discussed Cited as authority (rule) Robert B. Silliman v. Lou Ann Cassell (2×) also: Cited "see"
11th Cir. · 2012 · confidence medium
See, e.g., Rousey, 544 U.S. at 329–332, 125 S.Ct. at 1568–1570 (considering whether IRAs provide a substitute for wages, the first In re Andersen factor); In re Eilbert, 162 F.3d at 527 (considering the first, second, third, and sixth In re Andersen factors); In re Huebner, 986 F.2d 1222, 1224 (8th Cir. 1993) (considering the debtor’s control over the corpus, the fifth In re Andersen factor); In re Bramlette, 333 B.R. at 921 (considering all of the In re Andersen factors); In re Michael, 339 B.R. at 804 (considering the first In re Andersen factor).
discussed Cited as authority (rule) David H. Heide v. David L. Juve
8th Cir. BAP · 2011 · confidence medium
STANDARD OF REVIEW We “review [ ] the bankruptcy court's findings of fact for clear error and its conclusions of law de novo.” Treadwell v. Glenstone Lodge, Inc. (In re Treadwell), 637 F.3d 855, 863 (8th Cir. 2011) (quoting Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir.1998) (internal marks omitted)).
discussed Cited as authority (rule) Heide v. Juve (In Re Juve)
8th Cir. BAP · 2011 · confidence medium
STANDARD OF REVIEW We “review [] the bankruptcy court’s findings of fact for clear error and its conclusions of law de novo.” Treadwell v. Glenstone Lodge, Inc. (In re Treadwell), 637 F.3d 855, 863 (8th Cir.2011) (quoting Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir.1998) (internal marks omitted)).
discussed Cited as authority (rule) Treadwell v. Glenstone Lodge, Inc.
8th Cir. · 2011 · confidence medium
We are obligated, as the BAP was, to “review[] the bankruptcy court’s findings of fact for clear error and its conclusions of law de novo.” Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir.1998).
discussed Cited as authority (rule) Bryan Behrens v. Arch Insurance Company
8th Cir. · 2011 · confidence medium
Because “ ‘annuity’ is a purely generic term which refers to the method of payment and not to the underlying nature of the asset,” Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 526 (8th Cir.1998) (internal quotation omitted), and has been defined as a contract “under which the purchaser makes one or more premium payments to the issuer in exchange for a series of payments, which continue either for a fixed period or for the life of the purchaser or a designated beneficiary,” NationsBank of N.C., N.A. v. Variable Annuity Life Ins.
discussed Cited as authority (rule) Ortiz v. Rajala
D. Kan. · 2010 · confidence medium
See Checkett v. Vickers (In re Vickers), 954 F.2d 1426, 1429 (8th Cir.1992) (the purpose of the exemption is to replace lost wages); In re Collett, 253 B.R. 452, 454 (Bankr.W.D.Mo.2000) (exemption applies to certain benefits that are akin to future earnings of the debtor); In re Eilbert, 162 F.3d 523, 526-27 (8th Cir.1998) (“annuity” is a purely generic term which refers to the method of payment and not to the underlying nature of the asset therefore the annuity purchased with the proceeds of a wrongful death claim was not exempt under Iowa’s version of section 522(d)(10)(E)); In re Ludw…
cited Cited as authority (rule) David D. Coop v. Anne Lasowski
8th Cir. · 2009 · confidence medium
Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir. 1998).
cited Cited as authority (rule) McCarty v. Lasowski
8th Cir. · 2009 · confidence medium
Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir.1998).
discussed Cited as authority (rule) In Re Kuhrts
Bankr. W.D. Mo. · 2009 · confidence medium
In interpreting virtually identical language in the federal exemption scheme, the Eighth Circuit found that Congress described the exemption it drafted as “exempting certain benefits that are akin to future earnings of the debtor.” Eilbert v. Pelican, 162 F.3d 523, 525 (8th Cir.1998) (quoting H.R.
discussed Cited as authority (rule) Jeff A. Kukowski v. Michael L. Wagner
8th Cir. BAP · 2006 · confidence medium
Accordingly, the dissenting opinion’s construction of the statute renders the 1991 Amendment entirely superfluous, which obviously fails to effectuate the intent of the Legislature. -5- The term “annuity” is broad and generic and a court should examine the text and overall structure of the exemption statute in question to glean whether the legislature intended for the annuity to fall within the scope of that statute.3 Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 527 (8th Cir. 1998) (interpreting 11 U.S.C. §522 (d)(10)(E)).
discussed Cited as authority (rule) Kukowski v. Wagner (2×)
8th Cir. BAP · 2006 · confidence medium
The term "annuity" is broad and generic and a court should examine the text and overall structure of the exemption statute in question to glean whether the legislature intended for the annuity to fall within the scope of that statute. [3] Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 527 (8th Cir.1998) (interpreting 11 U.S.C. § 522 (d)(10)(E)).
discussed Cited as authority (rule) Goodman v. Bramlette (In Re Bramlette) (2×) also: Cited "see"
Bankr. N.D. Ga. · 2005 · signal: cf. · confidence medium
See, e.g., Wallace v. Meehan (In re Meehan), 162 B.R. 367 (Bankr.S.D.Ga.1993), aff'd, 173 B.R. 818 (S.D.Ga.1994), rev’d on other grounds, 102 F.3d 1209 (11th Cir.1997); In re Wommack, 80 B.R. 578, 579-80 (Bankr.M.D.Ga.1987); cf., e.g., Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525-26 (8th Cir.1998) (applying Iowa law).
cited Cited as authority (rule) In Re Theis
Bankr. D. Iowa · 2004 · confidence medium
Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 526 (8th Cir.1998).
examined Cited as authority (rule) Richard G. Rousey v. Jill R. Jacoway (3×)
8th Cir. BAP · 2002 · confidence medium
Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 527 (8th Cir. 1998).
examined Cited as authority (rule) Rousey v. Jacoway (In Re Rousey) (6×)
8th Cir. BAP · 2002 · confidence medium
Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 527 (8th Cir.1998).
cited Cited as authority (rule) Ford v. Student Loan Guarantee Foundation of Arkansas (In Re Ford)
8th Cir. BAP · 2001 · confidence medium
See Andresen v. Nebraska Student Loan Program, Inc. (In re Andresen), 232 B.R. 127, 128 (8th Cir. BAP 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir. 1998).
cited Cited as authority (rule) Pauline v. Ford v. Student Loan
8th Cir. BAP · 2001 · confidence medium
See Andresen v. Nebraska Student Loan Program, Inc. (In re Andresen), 232 B.R. 127, 128 (B.A.P. 8th Cir. 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir. 1998).
discussed Cited as authority (rule) In Re Bowder (2×) also: Cited "see"
Bankr. D. Minn. · 2001 · confidence medium
Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 528 (8th Cir.1998).
examined Cited as authority (rule) Andersen v. Ries (In Re Andersen) (3×) also: Cited "see"
8th Cir. BAP · 2001 · confidence medium
A. Payments under a Contract to Provide Retirement Benefits The first issue for the court is whether the annuity contract constitutes a “pension, annuity, or similar plan or contract,” ie., a “contract to provide benefits in lieu of earnings after retirement, whether funded by the employer or purchased by the employee or the self-employed .... or a plan created to fill or supplement a wage or salary void.” Eilbert, 162 F.3d at 523 (8th Cir.1998).
examined Cited as authority (rule) Estella W. Andersen v. Charles W. Ries (3×) also: Cited "see"
8th Cir. BAP · 2001 · confidence medium
In this case, the trustee asserts that the first two requisites are not met. 3 A. Payments under a Contract to Provide Retirement Benefits The first issue for the court is whether the annuity contract constitutes a “pension, annuity, or similar plan or contract,” i.e., a “contract to provide benefits in lieu of earnings after retirement, whether funded by the employer or purchased by the employee or the self-employed....or a plan created to fill or supplement a wage or salary void.” Eilbert, 162 F.3d at 523 (8th Cir. 1998).
discussed Cited as authority (rule) In Re Collett
Bankr. W.D. Mo. · 2000 · confidence medium
Checkett v. Vickers (In re Vickers), 954 F.2d 1426, 1429 (8th Cir.1992). 2 Congress described that federal exemption as “exempting certain benefits that are akin to future earnings of the debtor.” Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir.1998)(quoting H.R.
cited Cited as authority (rule) Homeside Lending, Inc. v. Green (In Re Green)
8th Cir. BAP · 2000 · confidence medium
Johnson v. Border State Bank (In re Johnson), 230 B.R. 608, 609 (8th Cir. BAP 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir.1998).
cited Cited as authority (rule) Homeside Lending v. Roy Green
8th Cir. BAP · 2000 · confidence medium
Johnson v. Border State Bank (In re Johnson), 230 B.R. 608, 609 (B.A.P. 8th Cir. 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir. 1998).
cited Cited as authority (rule) Wendover Financial Services v. Hervey (In Re Hervey)
8th Cir. BAP · 2000 · confidence medium
Johnson v. Border State Bank (In re Johnson), 230 B.R. 608, 609 (8th Cir. BAP 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir.1998).
discussed Cited as authority (rule) Wendover Financial v. William E. Hervey
8th Cir. BAP · 2000 · confidence medium
Johnson v. Border State Bank (In re Johnson), 230 B.R. 608, 609 (B.A.P. 8th Cir. 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir. 1998). 2 On appeal, Wendover asserts, and the debtor does not dispute, that Bankers Trust was acting as the trustee for AMRESCO on the loan for the property. 2 On appeal, Wendover argues that the order confirming the plan must be set aside because, allegedly: (i) prepetition, the debtor defaulted on the terms of a note held by AMRESCO; (ii) Wendover’s predecessor-in-interest, Bankers Trust as trustee for AMRESCO, held a foreclosure sale of th…
examined Cited as authority (rule) Wesley Huisinga v. Jon A. Kemmerer (4×) also: Cited "see"
8th Cir. BAP · 2000 · confidence medium
P. 8013; Minnesota Department of Revenue v. United States, 184 F.3d 725, 727-28 (8th Cir. 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir. 1998); Waugh v. Internal Revenue Service (In re Waugh), 109 F.3d 489, 491 (8th Cir. 1997).
examined Cited as authority (rule) Huisinga v. Kemmerer (In Re Kemmerer) (8×) also: Cited "see"
8th Cir. BAP · 2000 · confidence medium
Fed.R.Bankr.P. 8013; Minnesota Department of Revenue v. United States, 184 F.3d 725, 727-28 (8th Cir.1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir.1998); Waugh v. Internal Revenue Service (In re Waugh), 109 F.3d 489, 491 (8th Cir.1997).
discussed Cited as authority (rule) Cline v. Illinois Student Loan Assistance Ass'n (In Re Cline) (2×)
8th Cir. BAP · 2000 · confidence medium
Johnson v. Border State Bank (In re Johnson), 230 B.R. 608, 609 (8th Cir. BAP 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir.1998).
cited Cited as authority (rule) Julie Ann Cline v. Student Loan Assoc.
8th Cir. BAP · 2000 · confidence medium
Johnson v. Border State Bank (In re Johnson), 230 B.R. 608, 609 (B.A.P. 8th Cir. 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir. 1998).
cited Cited as authority (rule) Schroeder v. Rouse (In Re Redding)
8th Cir. BAP · 2000 · confidence medium
Johnson v. Border State Bank (In re Johnson), 230 B.R. 608, 609 (8th Cir. BAP 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir.1998).
cited Cited as authority (rule) David E. Schroeder v. Norman E. Rouse
8th Cir. BAP · 2000 · confidence medium
Johnson v. Border State Bank (In re Johnson), 230 B.R. 608, 609 (B.A.P. 8th Cir. 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir. 1998).
cited Cited as authority (rule) In Re Kemmerer
Bankr. D. Iowa · 2000 · confidence medium
In re Eilbert, 162 F.3d 523, 527 (8th Cir.1998).
cited Cited as authority (rule) In Re Sims
Bankr. N.D. Okla · 1999 · confidence medium
Eilbert, 162 F.3d at 526 (citation omitted).
discussed Cited as authority (rule) C. Richard Brown v. American Life
8th Cir. · 1999 · confidence medium
Bearing in mind that the term “other instruments” should also be read consistently with the more specific terms that precede it in § 1024(b)(4), see Eilbert v. Pelican, 162 F.3d 523, 527 (8th Cir. 1998), we agree with the circuits that have construed “other instruments” as meaning, not any document relating to a plan, but only formal documents that establish or govern the plan.
discussed Cited as authority (rule) C. Richard Brown v. American Life Holdings, Inc.
8th Cir. · 1999 · confidence medium
Bearing in mind that the term “other instruments” should also be read consistently with the more specific terms that precede it in § 1024(b)(4), see Eilbert v. Pelican, 162 F.3d 523, 527 (8th Cir.1998), we agree with the circuits that have construed “other instruments” as meaning, not any document relating to a plan, but only formal documents that establish or govern the plan.
cited Cited as authority (rule) Richard Glee Guess v. James Dean Keim
8th Cir. BAP · 1999 · confidence medium
Johnson v. Border State Bank (In re Johnson), 230 B.R. 608, 609 (8th Cir. BAP 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir. 1998).
cited Cited as authority (rule) Guess v. Keim (In Re Keim)
8th Cir. BAP · 1999 · confidence medium
Johnson v. Border State Bank (In re Johnson), 230 B.R. 608, 609 (8th Cir. BAP 1999); Filbert v. Pelican (In re Eilberb), 162 F.3d 523, 525 (8th Cir.1998).
discussed Cited as authority (rule) Pruss v. Butler (In Re Pruss) (2×)
8th Cir. BAP · 1999 · confidence medium
In concluding that exempt "earnings" under this statute can include sums earned by a self-employed individual for personal services even though paid or payable from clients or customers, we have guided ourselves by the canons of interpretation which require that a term should be known from its associates and that we must "avoid ascribing to one word a meaning so broad that it is inconsistent with its accompanying words." Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 527 (8th Cir.1998) ( quoting Gustafson v. Alloyd Co., 513 U.S. 561, 575 , 115 S.Ct. 1061 , 131 L.Ed.2d 1 (1995)).
discussed Cited as authority (rule) Marion F. Pruss v. Richard Butler
8th Cir. BAP · 1999 · confidence medium
To hold otherwise would reach the absurd result that, in the case of an attorney, the exemption would be available to a sole practitioner who works through his or her own professional corporation but would not be available to the sole practitioner who avoids the mechanics of incorporation. 7 In concluding that exempt “earnings” under this statute can include sums earned by a self-employed individual for personal services even though paid or payable from clients or customers, we have guided ourselves by the canons of interpretation which require that a term should be known from its associat…
cited Cited as authority (rule) Blackwell v. Lurie (In re Popkin & Stern)
8th Cir. BAP · 1999 · confidence medium
Johnson v. Border State Bank (In re Johnson), 230 B.R. 608, 609 (8th Cir. BAP 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir.1998).
cited Cited as authority (rule) Andresen v. Nebraska Student Loan Program, Inc. (In Re Andresen)
8th Cir. BAP · 1999 · confidence medium
Johnson v. Border State Bank (In re Johnson), 230 B.R. 608 (8th Cir. BAP 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir.1998).
cited Cited as authority (rule) Donna Mae Andresen v. Neb. Student Loan
8th Cir. BAP · 1999 · confidence medium
Johnson v. Border State Bank (In re Johnson), ___ B.R. ___, 1999 WL 89958 (8th Cir. BAP Feb. 24, 1999); Eilbert v. Pelican (In re Eilbert), 162 F.3d 523, 525 (8th Cir. 1998).
In Re: Nadine F. EILBERT, Debtor. Nadine F. EILBERT, Appellant,
v.
David Dennis PELICAN; Anita L. Shodeen, Appellees
97-4311.
Court of Appeals for the Eighth Circuit.
Dec 7, 1998.
162 F.3d 523
Jeffrey W. Courter, Des Moines, Iowa, argued (August B. Landis, Des Moines, Iowa, on the brief), for Appellant., Anita L. Shodeen, Des Moines, Iowa, argued (Donald F. Nieman, Des Moines, Iowa and Paul C. Peglow, Marshalltown, Iowa, on the brief), for Appellee.
Beam, Loken, Murphy.
Cited by 82 opinions  |  Published
LOKEN, Circuit Judge.

Debtor Nadine F. Eilbert appeals a judgment of the Eighth Circuit Bankruptcy Appellate Panel [1] affirming an order of the United States Bankruptcy Court for the Southern District of Iowa [2] that disallowed a claimed exemption in an annuity contract. The asset at issue is a single premium variable annuity purchased by an elderly annuitant with the proceeds of her husband’s estate for the purpose of using a subsequent bankruptcy to free those proceeds from the claim of a judgment creditor. The question is whether this asset qualifies for the exemption for “a payment under a pension, annuity, or similar plan or contract on account of ... age” in Iowa Code § 627.6(8)(e). Answering that question in the negative, we affirm.

Eilbert’s husband was killed in a July 1994 auto accident in which David Pelican was seriously injured. Mr. Eilbert left a substantial estate, $489,916 of which passed to Eil-bert outside probate. In August 1994, Pelican sued Eilbert, as joint owner of the auto, and Mr. Eilbert’s estate, seeking substantial damages. Because the Eilberts had only $100,000 in automobile liability insurance, Eilbert and her attorney attempted to protect her assets should the personal injury suit result in a large judgment in favor of Pelican. On October 27, 1994, the 74-year-old Eilbert purchased a $450,000 single premium variable annuity, electing to begin receiving annuity payments on January 1,1995. The annuity contract provides that Eilbert will receive monthly payments equal to a ten percent annual return during her lifetime, with the balance divided at her death between two of her children. In 1995, Eilbert received monthly payments totalling $46,641. The annuity achieved a sixteen percent rate of return that year and grew in value to $480,820 as of December 4, 1995, when Eil-bert filed her bankruptcy petition.

In November 1995, a state court entered judgment in favor of Pelican and against Eilbert and her husband’s estate in the amount of $662,502.06. Eilbert filed a Chapter 7 bankruptcy petition on December 4, claiming her $480,820 interest in the annuity as exempt under Iowa Code § 627.6(8)(e). Pelican and the Chapter 7 trustee filed objections to this exemption. The bankruptcy court sustained the objections, the Bankruptcy Appellate Panel affirmed, and Eilbert appeals. As the second reviewing court, we apply the same standards as the Bankruptcy Appellate Panel, reviewing the bankruptcy court’s findings of fact for clear error and its conclusions of law de novo. See In Re Gateway Pacific Corp., 153 F.3d 915, 917 (8th Cir.1998); 28 U.S.C. § 158.

Iowa has “opted out” of the federal exemptions allowed under the Bankruptcy Code. See 11 U.S.C. § 522(b); Iowa Code § 627.10. Therefore, Eilbert’s claim of exemption must be determined under Iowa law. See In re Huebner, 986 F.2d 1222, 1224 (8th Cir.1993), cert. denied, 510 U.S. 900, 114 S.Ct. 272, 126 L.Ed.2d 223 (1993).

In 1981, the Iowa General Assembly rewrote Iowa Code § 627.6, the statute that exempts specific classes of property owned by Iowa residents from execution by a judgment creditor. One of the new provisions, § 627.6(9)(e), exempted

The debtor’s rights in ... [a] payment under a pension, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the[*526] extent reasonably necessary for the support of the debtor and any dependent of the debtor.

This exemption was modeled on the nearly identical federal exemption found in 11 U.S.C. § 522(d)(10)(E). Congress described that federal exemption as “exempting] certain benefits that are akin to future earnings of the debtor.” H.R. Rep. 95-595, at 362 (1978), reprinted in 1978 U.S.C.C.A.N. 5787, 6318. When an Iowa statute is borrowed from similar federal legislation, the Iowa courts “presume our legislature intended what Congress intended.” City of Davenport v. Public Employment Relations Bd., 264 N.W.2d 307, 313 (Iowa 1978).

In 1986, the Iowa General Assembly amended and renumbered this exemption. The result was the statute here at issue, § 627.6(8)(e), which exempts

The debtor’s rights in ... [a] payment or a portion of a payment under a pension, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, unless the payment or a portion of the payment results from contributions to the plan or contract by the debtor within one year prior to the filing of a bankruptcy petition, which contributions are above the normal and customary contributions under the plan or contract, in which case the portion of the payment attributable to the contributions above the normal and customary rate is not exempt.

Eilbert argues her single premium variable annuity is exempt because (i) it is an “annuity,” (ii) she purchased it more than one year before bankruptcy, and (iii) she began receiving payments at age 74, “well past retirement age under any definition.” Exemption statutes are construed liberally, but for the purpose of achieving the legislative intent, not to “extend the provisions of the legislative grant.” Iowa Methodist Hosp. v. Long, 234 Iowa 843, 12 N.W.2d 171, 175 (Iowa 1943); see Wertz v. Hale, 212 Iowa 294, 234 N.W. 534, 535 (1931); In re Wiley, 184 B.R. 759, 766 (N.D.Iowa 1995); Matter of Knight, 75 B.R. 838, 839 (Bankr.S.D.Iowa 1987). Eilbert’s contention, if adopted, would convert a statute intended to protect “benefits that are akin to future earnings”— which for the elderly are typically retirement earnings — into a statute conferring vastly broader bankruptcy protection. As the bankruptcy court observed:

If annuity payments were “on account of age” merely because the debtor purchased the annuity when she was past retirement age, all persons past retirement age should move their assets into such an annuity and then file bankruptcy.... Under this scheme, no debtor past retirement age would have any assets subject to execution, could live in a million-dollar home, have a substantial stream of income, virtually live off his creditors, and yet be judgment proof.

Bearing in mind these general principles, we agree with the Bankruptcy Appellate Panel that the single premium variable annuity in question is not exempt under the specific language of § 627.6(8)(e) for two independent reasons.

A. The Asset Is Not a “Pension, Annuity, or Similar Plan or Contract.”

Iowa Code § 627.6(8)(e) exempts a “debtor’s rights in ... [a] payment or a portion of a payment under a pension, annuity, or similar plan or contract....” The Bankruptcy Appellate Panel held that Eil-bert’s annuity “does not fall within the category of exemptible investments enumerated in” this statute. Eilbert argues that her annuity falls within the plain language of the statute — any annuity, according to Eilbert, is an “annuity” for purposes of § 627.6(8)(e). We disagree.

As the Bankruptcy Appellate Panel noted, “ ‘annuity’ is a purely generic term which refers to the method of payment and not to the underlying nature of the asset.” [3] When interpreting statutory language, the Iowa courts apply recognized rules of statutory construction to give effect to legislative[*527] intent. See Johnson v. Johnson, 564 N.W.2d 414, 417 (Iowa 1997). In this case, because the term “annuity” is broad and generic, we apply the interpretive canons noscitur a soci-is (a term is known from its associates) and ejusdem generis (general words in an enumeration are construed as similar to more specific words in the enumeration). See Fleur de Lis Motor Inns, Inc. v. Bair, 301 N.W.2d 685, 690 (Iowa 1981). These canons are employed “to avoid ascribing to one word a meaning so broad that it is inconsistent with its accompanying words.” Gustafson v. Alloyd Co., 513 U.S. 561, 575, 115 S.Ct. 1061, 131 L.Ed.2d 1 (1995). Accordingly, we determine the meaning of “annuity” by reference to the words surrounding it in § 627.6(8)(e), “pension ... or similar plan or contract.”

A pension is a “Retirement benefit paid regularly ... based generally on length of employment and amount of wages or salary,” in other words, “[d]eferred compensation for services rendered.” Black’s Law Dictionary 1134 (6th ed.1990). Because “pension” is the more specific word, it restricts the meaning of “annuity” in § 627.6(8)(e). When dealing with a claim for exemption of an annuity payment “on account of age,” the conjunction of the two words suggests that “annuity,” like “pension,” describes a plan or contract to provide benefits in lieu of earnings after retirement, whether funded by the employer or purchased by the employee or the self-employed. [4] Likewise, the catchall provision, “similar plan or contract,” includes within the exemption other types of retirement plans or investments that are “created to fill or supplement a wage or salary void.” Matter of Pettit, 55 B.R. 394, 397-98 (Bankr.S.D.Iowa) (profit sharing plan exempt), aff'd, 57 B.R. 362 (S.D.Iowa 1985). This construction of the term “annuity” is consistent with the language and purpose of the federal exemption in 11 U.S.C. § 522(d)(10)(E), on which the Iowa exemption was based. It is also consistent with the 1986 amendments to Iowa Code § 627.6. Those amendments broadened the exemption in new subsection (8)(e) by repealing the reasonably-necessary-for-support limitation found in former subsection (9)(e), but the new statute excluded from the exemption recent contributions “above the normal and customary contributions under the plan or contract.” Of course, single premium annuity contracts have no “normal and customary contributions,” suggesting that at least most such annuities are outside the purview of § 627.6(8)(e).

The payments received by Eilbert under her single premium annuity investment are not “akin to future earnings.” The payments do not replace lost income, and the annuity was not purchased with contributions over time as part of a long term retirement strategy. Instead, the annuity was purchased with non-exempt, inherited assets as a prebank-ruptcy planning measure by a prospective debtor who happened to have already reached retirement age. We agree with the Bankruptcy Appellate Panel that this investment was not a “pension, annuity, or similar plan or contract” within the meaning of § 627.6(8)(e). Accord In re Gagne, 166 B.R. 362, 365 (Bankr.D.Minn.1993) (construing similar Minnesota exemption), rev’d in part on other grounds, 179 B.R. 884 (D.Minn.1994).

B. The Payments Are Not “on Account of ... Age.”

Eilbert’s claim to an exemption under § 627.6(8)(e) fails for the additional reason that her rights in the annuity payments are not “on account of [her] age.” As the Bankruptcy Appellate Panel recognized, this issue is controlled by our decision in In re Huebner, where we held that payments were not “on account of age” because the annuitant had “unfettered discretion to receive payments at any time under any of the three payment options, subject only to relatively modest penalties for withdrawals before age 59/6.” 986 F.2d at 1225. Here, the annuity contract gave Eilbert complete discretion to select the “retirement date” on which monthly payments were to begin. She selected January 1, 1995 — a date only two months after the annuity’s effective date and not[*528] linked to her age. Moreover, although the contract provides for monthly payments equal to ten percent of the annuity corpus each year, it gives Eilbert unfettered discretion at any time to make larger partial withdrawals, or to surrender the annuity for a lump sum distribution, subject only to withdrawal charges that decline from seven percent to two percent over the first six years of the contract. Eilbert argues that these charges are “substantial restrictions” that distinguish her annuity from the nonexempt annuities in Huebner. But the “relatively modest penalties” to which we referred in Huebner, 986 F.2d at 1225, were the ten percent federal tax imposed on Individual Retirement Annuity distributions taken before age 59& See 26 U.S.C. § 72(t). We agree with the bankruptcy court that Eil-bert’s control over her single premium annuity “is not substantially restricted.”

Finally, Eilbert argues that her annuity is exempt under Huebner because we commented that if the debtor had “invested his savings in retirement annuities that prevented him from withdrawing funds prior to his reaching retirement age ... payments under those annuities would have been exempt under § 627.6(8)(e).” 986 F.2d at 1225. But this contention turns our decision in Huebner on its head. Eilbert’s inability to withdraw funds before reaching normal retirement age is a consequence of her age when she purchased the annuity, not an age restriction imposed by the annuity contract. An elderly annuitant’s age at the inception of the contract does not automatically mean that all payments under the annuity are “on account of age.”

For the foregoing reasons, the judgment of the Bankruptcy Appellate Panel is affirmed.

1

. The HONORABLE ROBERT J. KRESSEL, United States Bankruptcy Judge for the District of Minnesota, authored the opinion for a Panel that included the HONORABLE BARRY S. SCHERMER, United States Bankruptcy Judge for the Eastern District of Missouri, and the HONORABLE NANCY C. DREHER, United States Bankruptcy Judge for the District of Minnesota.

2

. The HONORABLE RUSSELL J. HILL, Chief Judge.

3

. See also Black's Law Dictionary 90 (6th ed.1990) (annuity is “[a] right to receive fixed, periodic payments, either for life or for a term of years"); Webster's Third New International Dictionary 88 (1986).

4

. Similarly, the court in In re Wiley, 184 B.R. at 766, properly construed the exemption lor payments "on account of disability” as limited to that part of a personal injury settlement annuity that "can be allocated to loss of earning capacity."