In Re Lyons
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM DECISION ON OBJECTION TO DEBTOR’S CLAIM OF EXEMPTION
CECELIA G. MORRIS, Bankruptcy Judge.
Creditor Caraleasing Inc. (“Caraleas-ing”) objects to this Chapter 11 Debtor’s claim that eight annuity contracts with an aggregate value of approximately $6.4 million 1 (the “Annuities”) listed in Amended Schedule C to the Debtor’s petition are fully exempt. The Court finds that under New York’s exemption scheme, specifically New York Insurance Law § 3212(d)(1), the Annuities are at least partially exempt. Insurance Law § 3212(d)(2) provides that:
[T]he court may order the annuitant to pay to a…
2Cases cited9 opinions
- In Re FillUnited States Bankruptcy Court, S.D. New York · 1988
- In Re: OrsoCourt of Appeals for the Fifth Circuit · 2000
- In Re CorbiUnited States Bankruptcy Court, E.D. New York · 1993
- Matter of WilliamsUnited States Bankruptcy Court, M.D. Georgia · 1996
- In Re AdlerUnited States Bankruptcy Court, S.D. New York · 2005
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Baker v. BakerCourt of Appeals for the Second Circuit · 2010
- Jacob v. Swimelar (In Re Jacob)District Court, N.D. New York · 2009
- Marcia E WaddellUnited States Bankruptcy Court, S.D. New York · 2025