Legal Opinion

Res-Ga Memorial, LLC v. Foah (In re Foah)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided December 3, 2012No. BAP No. NM-12-019; Bankruptcy No. 11-13550PublishedCited by 4 opinions

1Opinion of the Court

OPINION

BROWN, Bankruptcy Judge.

Debtor Lucio Leide Foah (“Debtor”) filed a Chapter 7 petition in the United States Bankruptcy Court for the District of New Mexico on August 5, 2011. In his schedules, he claimed an exemption in a life insurance policy under New Mexico law.1 The Debtor acquired this policy from Northwestern Mutual Life in 1992.2 He is both its owner and the named beneficiary. Originally, the policy insured the lives of both of his parents. Unfortunately, his mother passed away before his bankruptcy filing, but his father is still living. The policy provides a death benefit of…

2Cases cited14 opinions

  1. Catlin v. United StatesSupreme Court of the United States · 1945
  2. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  3. Mathai v. Warren (In Re Warren)Court of Appeals for the Tenth Circuit · 2008
  4. Whitely v. New Mexico State Personnel BoardNew Mexico Supreme Court · 1993
  5. Carlson v. Diaz (In Re Carlson)Bankruptcy Appellate Panel of the Tenth Circuit · 2004

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3Cited by4 opinions

  1. In re BusheyUnited States Bankruptcy Court, D. New Mexico · 2016
  2. Agustin J Jaramillo and Lillian V JaramilloUnited States Bankruptcy Court, D. New Mexico · 2020
  3. Bianca Ann MedinaUnited States Bankruptcy Court, D. New Mexico · 2022
  4. Dennis J Romo and Darya RomoUnited States Bankruptcy Court, D. New Mexico · 2025

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