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IN RE SCHROCK

Bankruptcy No. 7-89-00710 M F, Adv. No. 89-0321 M.

119 B.R. 808 (1990)

In re Floyd Lee SCHROCK, SS # 525-96-5542, and Jackie Lynn Schrock, SS # 585-84-5699, fka Jackie Lynn Jones, Debtors. Robert L. FINCH, trustee, Plaintiff, v. John SCHROCK, Floyd Schrock, and Nena M. Anderson, as personal representatives of the Estate of Levi Schrock and Dorothy M. Schrock, Defendants.

United States Bankruptcy Court, D. New Mexico.

October 4, 1990.

Attorney(s) appearing for the Case

Robert L. Finch, Jr., Farmington, N.M., for plaintiff.

James B. Payne, Farmington, N.M., for defendants.

David Brainerd, Farmington, N.M., for defendant F. Schrock.

MEMORANDUM OPINION

MARK B. McFEELEY, Chief Judge.

This matter came before the Court on cross motions for summary judgment. Robert L. Finch, the trustee, seeks a determination that the proceeds of life insurance policies which the defendant Floyd Schrock is to receive as an heir of his deceased parents' estate are not exempt. The debtor seeks a determination that such proceeds are exempt under New Mexico state law. Having considered the applicable statute...

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