Legal Opinion

In Re Jacobs

United States Bankruptcy Court, W.D. New York

Decided June 1, 2001No. 2-19-20071PublishedCited by 7 opinions

1Opinion of the Court

MICHAEL J. KAPLAN, Bankruptcy Judge.

This is a Trustee’s objection to Debtors’ claimed exemption in life insurance policies under 11 U.S.C. § 522 and state law. There are two policies owned by the insured individuals, Kenneth and Kathleen Jacobs, respectively, as to which the beneficiaries are the spouse of the owner/insured. (In addition, Mrs. Jacobs is the owner of a third policy naming her spouse as the insured. That policy is clearly exempt.)

SUMMARY OF REASONING AND RESULT: THE MYTH THAT ALL INTERESTS OF HUSBAND AND WIFE IN LIFE INSURANCE ARE EXEMPT IN NEW YORK

This case presents the same…

2Cases cited39 opinions

  1. Regan v. RossCourt of Appeals for the Second Circuit · 1982
  2. In Re MessingerCourt of Appeals for the Second Circuit · 1928
  3. Chatham Phenix National Bank v. CrosneyNew York Court of Appeals · 1929
  4. Caron v. Farmington National BankCourt of Appeals for the First Circuit · 1996
  5. Wilson v. McLaneSupreme Court of the United States · 1929

34 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Wornick v. GaffneyCourt of Appeals for the Second Circuit · 2008
  2. In Re TrautmanUnited States Bankruptcy Court, W.D. New York · 2003
  3. Ackerman v. Ventimiglia (In Re Ventimiglia)United States Bankruptcy Court, E.D. New York · 2007
  4. In Re McWhorterUnited States Bankruptcy Court, N.D. Alabama · 2004
  5. In re RuddUnited States Bankruptcy Court, M.D. Alabama · 2012

2 more not listed; retrieve them via the Exa API.

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