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FIRST FIDELITY BANK v. McATEER

No. 92-5243.

985 F.2d 114 (1993)

FIRST FIDELITY BANK v. Raymond McATEER; Helen McAteer, Debtors. Robert M. Wood, Trustee. First Fidelity Bank, N.A., Appellant.

United States Court of Appeals, Third Circuit.

Decided February 3, 1993.

Attorney(s) appearing for the Case

David E. Ewan (argued), Begley, McCloskey & Gaskill, Moorestown, NJ, for appellant, First Fidelity Bank, N.A.

Eric J. Clayman (argued), Jenkins & Jenkins, Haddon Heights, NJ, for debtors/appellees, Raymond McAteer and Helen McAteer.

Present: MANSMANN and HUTCHINSON, Circuit Judges, and BARTLE, District Judge.

OPINION OF THE COURT

BARTLE, District Judge.

This appeal raises the question whether proceeds of a credit life insurance policy are the property of the estate of a bankrupt debtor which owns the policy, or the property of the creditor beneficiary of the policy.

The facts are not in dispute. Debtor Raymond McAteer purchased a Mitsubishi Pick-Up Truck in 1989 through a retail installment contract which was...

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