Legal Opinion

In re May

United States Bankruptcy Court, D. Colorado

Decided August 15, 2012No. 11-26492 EEBPublishedCited by 4 opinions

1Opinion of the Court

ORDER SUSTAINING OBJECTION TO EXEMPTION

ELIZABETH E. BROWN, Bankruptcy Judge.

THIS MATTER comes before the Court on the Trustee’s Objection to Debtors’ Claim of Exemption, filed by Harvey Sender, Chapter 7 trustee (the “Trustee”), the Debtors’ Response, and briefs filed by both parties. The Debtors David and Karen May have claimed an exemption in an annuity contract, purchased by Mrs. May, which names Mr. May as a beneficiary in the event of Mrs. May’s death.1 The Debtors have claimed the annuity as exempt under Colo.Rev.Stat. § 10-7-106. The Trustee argues, among other things, that this…

2Cases cited18 opinions

  1. Nationsbank of North Carolina, N. A. v. Variable Annuity Life InsuranceSupreme Court of the United States · 1995
  2. Securities & Exchange Commission v. Variable Annuity Life InsuranceSupreme Court of the United States · 1959
  3. Farmers Group, Inc. v. WilliamsSupreme Court of Colorado · 1991
  4. Hall v. WalterSupreme Court of Colorado · 1998
  5. Klinger v. Adams County School District No. 50Supreme Court of Colorado · 2006

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3Cited by4 opinions

  1. In re SharpUnited States Bankruptcy Court, D. Colorado · 2013
  2. In re Soori-ArachiUnited States Bankruptcy Court, D. Rhode Island · 2019
  3. Aden v. GuginoDistrict Court, D. Idaho · 2012
  4. In re: David R. FacconeUnited States Bankruptcy Court, N.D. Illinois · 2022

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