Legal Opinion

In Re Lyons

United States Bankruptcy Court, S.D. New York

Decided January 30, 2008No. 18-37029PublishedCited by 3 opinions

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

  1. In Re FillUnited States Bankruptcy Court, S.D. New York · 1988
  2. In Re: OrsoCourt of Appeals for the Fifth Circuit · 2000
  3. In Re CorbiUnited States Bankruptcy Court, E.D. New York · 1993
  4. Matter of WilliamsUnited States Bankruptcy Court, M.D. Georgia · 1996
  5. In Re AdlerUnited States Bankruptcy Court, S.D. New York · 2005

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Baker v. BakerCourt of Appeals for the Second Circuit · 2010
  2. Jacob v. Swimelar (In Re Jacob)District Court, N.D. New York · 2009
  3. Marcia E WaddellUnited States Bankruptcy Court, S.D. New York · 2025

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