Rupp v. Duffin (In Re Duffin)
Bankruptcy Appellate Panel of the Tenth Circuit
1Opinion of the Court
BROWN, Bankruptcy Judge.
The issue before this Court is whether the bankruptcy court properly allowed debtors Coby and Jeanie Duffin (“Debtors”) to claim a Utah state law exemption in proceeds and avails of their unmatured life insurance policies, including payments made on the policies in the year preceding their bankruptcy filing. Appellant Stephen W. Rupp, Chapter 7 trustee (“Trustee”) contends the bankruptcy court incorrectly interpreted the Utah exemption statute and that the exemption should not extend to premium payments made within one year of commencement of Debtors’ bankruptcy case.…
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