Morgan v. Gordon

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

Now before the Court is an appeal by Keith Morgan and Marylou Morgan (“Debtors”), of the Decision and Order of the United States Bankruptcy Court for the Western District of New York, which held that payments being made to Mrs. Morgan under an annuity contract were not exempt from execution. The Court finds that such payments are exempt.

BACKGROUND

“Under 11 U.S.C. § 522(b), debtors may exempt certain property from their bankruptcy estate.” In re Baker, 604 F.3d 727, 730 (2d Cir.2010). In that regard, New York debtors may exclude…