Legal Opinion
In Re Watkins
United States Bankruptcy Court, E.D. Virginia
Decided July 20, 2001No. 16-74013PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
STEPHEN S. MITCHELL, Bankruptcy Judge.
A hearing was held in open court on July 3, 2001, on the objection filed by Gordon P. Peyton, the chapter 7 trustee, to the debtor’s claim of exemptions. The debtor was represented by counsel. The chapter 7 trustee was present in person. The pivotal issue is whether Virginia’s unlimited exemption for the “proceeds” of life insurance policies applies to the cash surrender value of such a policy. Upon review of the applicable law, the court concludes that it does not. The debtor may, however, exempt a portion of the cash surrender value…
2Cases cited9 opinions
- Jerry Payne and Deborah Payne, Debtors-Appellants v. Charles R. Wood, Jr.Court of Appeals for the Seventh Circuit · 1985
- Addison v. ReavisDistrict Court, E.D. Virginia · 1993
- Zimmerman v. MorganCourt of Appeals for the Fourth Circuit · 1982
- Lester Shackman Shirkey, Jr. v. John G. Leake, TrusteeCourt of Appeals for the Fourth Circuit · 1983
- In Re SmithUnited States Bankruptcy Court, E.D. Virginia · 1984
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3Cited by3 opinions
- Moore v. United States Department of Housing & Urban Development (In Re Moore)United States Bankruptcy Court, W.D. Virginia · 2006
- Ricketts v. StrangeSupreme Court of Virginia · 2017
- In Re CambreUnited States Bankruptcy Court, W.D. Virginia · 2012