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IN RE KELVINGTON

Bankruptcy No. 90-00831E, Adv. No. 91-0092.

146 B.R. 358 (1992)

In re James R. KELVINGTON and Elaine J. Kelvington, Debtors. Gary V. SKIBA, Esq., Trustee, Plaintiff, v. James R. KELVINGTON and Elaine J. Kelvington and Teachers Insurance and Annuity Association, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

October 2, 1992.

Attorney(s) appearing for the Case

Gary V. Skiba, pro se, trustee.

Thomas E. Larson, Erie, Pa., for debtors.

Joan G. Dorgan, Pittsburgh, Pa., for Teachers Ins. and Annuity Ass'n.

OPINION

WARREN W. BENTZ, Bankruptcy Judge.

OPINION

Introduction

Before the Court are cross-motions for summary judgment on the Trustee's Complaint which requests a determination that the Debtor's interest in an annuity contract issued by the Teachers Insurance and Annuity Association ("TIAA") is property of the bankruptcy estate and that the Debtors are not entitled to exempt their interest in the annuity. The Trustee further requests...

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