Legal Opinion

Bernstein v. Himel (In re Himel)

United States Bankruptcy Court, W.D. Pennsylvania

Decided December 20, 1995No. Bankruptcy No. 95-22917-BM; Motion No. 95-1876MPublished

1Opinion of the Court

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

The chapter 7 trustee has objected to an exemption claimed by debtor in the cash surrender value of an insurance policy she purchased insuring the life of her husband. He asserts that the Pennsylvania statute upon which the claimed exemption is based does not apply to the cash surrender value of a life insurance policy.

In accordance with the analysis set forth below, we will overrule the objection and allow the claimed exemption.

-I-

FACTS. The pertinent facts in this matter are relatively simple and straightforward.

Debtor filed a voluntary…

2Cases cited5 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  3. Segal v. RochelleSupreme Court of the United States · 1966
  4. In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
  5. Schmitz v. SchmitzSuperior Court of Pennsylvania · 1982

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