Legal Opinion
Baker v. Baker
Court of Appeals for the Second Circuit
Decided May 14, 2010No. Docket 09-4656-bkPublishedCited by 14 opinions
1Opinion of the Court
REENA RAGGI, Circuit Judge:
In filing for relief under Chapter 13 of the United States Bankruptcy Code, 11 U.S.C. §§ 1301-1330, debtor William Wesley Baker sought to exempt the proceeds of an annuity worth $155,000 from the bankruptcy estate, relying on New York Debtor and Creditor Law § 282 and New York Insurance Law § 3212. Contending that the exemption was not in the best interest of the creditors, bankruptcy trustee Mark W. Swimelar objected. The trustee argued that Baker could not exempt the annuity because (1) it was owned by an insurance company, and (2) Baker had not “paid the…
2Cases cited16 opinions
- John C. Norton v. Sam's Club, Wal-Mart Corp., Wal-Mart Stores, Inc.Court of Appeals for the Second Circuit · 1998
- In Re: Enron Corp. Midland Cogeneration Venture Limited Partnership v. Enron Corp., the Official Committee of Unsecured Creditors, MovantCourt of Appeals for the Second Circuit · 2005
- Rousey v. JacowaySupreme Court of the United States · 2005
- Hamer v. . SidwayNew York Court of Appeals · 1891
- CFCU Community Credit Union v. HaywardCourt of Appeals for the Second Circuit · 2009
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- DISH Network Corp. v. DBSD North America, Inc.Court of Appeals for the Second Circuit · 2011
- Marshall v. Picard (In Re Bernard L. Madoff Investment Securities LLC)Court of Appeals for the Second Circuit · 2014
- Common Law Settlement Counsel v. Travelers Indemnity Co. (In Re Johns-Manville Corp.)Court of Appeals for the Second Circuit · 2014
- GMAC Mortgage, LLC v. OrcuttDistrict Court, D. Vermont · 2014
- Cook v. HueyDistrict Court, N.D. New York · 2013
9 more not listed; retrieve them via the Exa API.