In Re Polanowski
United States Bankruptcy Court, W.D. New York
1Opinion of the Court
CARL L. BUCKI, Bankruptcy Judge.
In each of these four cases, the chapter 7 trustee has objected to a claim of exemption for a policy of whole-life insurance that a debtor purchased on his or her own life. For all but one policy, the beneficiary is a co-debtor spouse. In the remaining instance, another family member holds this designation. Relying on the decision of my esteemed colleague in In re Mata, 244 B.R. 580 (Bankr.W.D.N.Y.1999), the trustees seek a turnover of the cash values of these policies. Because I believe that the holding in Mata is inconsistent with the law of New York, the…
2Cases cited13 opinions
- In Re MessingerCourt of Appeals for the Second Circuit · 1928
- Chatham Phenix National Bank v. CrosneyNew York Court of Appeals · 1929
- Davis v. Modern Industrial BankNew York Court of Appeals · 1939
- Wilson v. McLaneSupreme Court of the United States · 1929
- In Re KeilCourt of Appeals for the Second Circuit · 1937
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wornick v. GaffneyCourt of Appeals for the Second Circuit · 2008
- In Re TrautmanUnited States Bankruptcy Court, W.D. New York · 2003
- In Re JacobsUnited States Bankruptcy Court, W.D. New York · 2001
- In Re HandelUnited States Bankruptcy Court, S.D. New York · 2003
- In Re DavisDistrict Court, District of Columbia · 2002
3 more not listed; retrieve them via the Exa API.