Legal Opinion
In Re Lubecki
United States Bankruptcy Court, W.D. New York
Decided August 23, 2005No. 2-19-20194PublishedCited by 5 opinions
1Opinion of the Court
DECISION and ORDER
CARL L. BUCKI, Bankruptcy Judge.
The primary issue in the present dispute is whether life insurance proceeds retain their exempt status after the beneficiary commingles those proceeds with other funds on deposit in a bank account.
Morgan Lubecki is the widow of James Lubecki. At the time of James’s death, Mrs. Lubecki was the beneficiary and owner of a policy of insurance on her hus band’s life. Pursuant to the terms of that policy, the insurer paid the sum of $18,227.08 to Morgan, who promptly deposited the proceeds into a money market account at HSBC Bank on October 8, 2004.…
2Cases cited6 opinions
- Surace v. DannaNew York Court of Appeals · 1928
- Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
- Schwartz v. HolzmanCourt of Appeals for the Second Circuit · 1934
- In Re RundlettDistrict Court, S.D. New York · 1993
- In Re RundlettUnited States Bankruptcy Court, S.D. New York · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Christensen v. PackNevada Supreme Court · 2006
- In Re MageeUnited States Bankruptcy Court, S.D. New York · 2011
- In re WiltsieUnited States Bankruptcy Court, N.D. New York · 2011
- In Re MeyerUnited States Bankruptcy Court, N.D. Iowa · 2008
- Comfort Control Supply Company, Inc. v. Shannon Franklin SmithUnited States Bankruptcy Court, W.D. Michigan · 2011