Legal Opinion
In Re Mata
United States Bankruptcy Court, W.D. New York
Decided April 2, 1999No. 1-19-10315PublishedCited by 7 opinions
1Opinion of the Court
MICHAEL J. KAPLAN, Bankruptcy-Judge.
This case presents the issue of whether a husband and wife, as joint Chapter 7 debtors who have each “effected” two life insurance policies on their own lives and named their spouse as the beneficiary, may exempt the cash value of the policies under § 3212(b)(1) of N.Y. Insurance Law. 1
The facts of the case are undisputed: the Debtors claim the policies as exempt, and the Chapter 7 Trustee has objected. Briefs have been submitted. The Court finds that § 3212(b)(1) applies, is clear, and does not avail the Debtors.
DISCUSSION
This appears to be the only case…
2Cases cited5 opinions
- Davis v. Modern Industrial BankNew York Court of Appeals · 1939
- Dellefield v. BlockDistrict Court, S.D. New York · 1941
- Males v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1975
- In Re RundlettDistrict Court, S.D. New York · 1993
- Kaufman v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by7 opinions
- Wornick v. GaffneyCourt of Appeals for the Second Circuit · 2008
- In Re LoweUnited States Bankruptcy Court, W.D. New York · 2000
- In Re TrautmanUnited States Bankruptcy Court, W.D. New York · 2003
- In Re PolanowskiUnited States Bankruptcy Court, W.D. New York · 2001
- In Re JacobsUnited States Bankruptcy Court, W.D. New York · 2001
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