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IN RE JOHNSON

Bankruptcy No. B-92-14866 C-13W.

162 B.R. 464 (1993)

In re Brian K. JOHNSON, Daphne H. Johnson, Debtors. Brian K. JOHNSON and Daphne H. Johnson, Movants, v. USAIR FEDERAL CREDIT UNION, Respondents.

United States Bankruptcy Court, M.D. North Carolina, Greensboro Division.

December 22, 1993.

Attorney(s) appearing for the Case

Stephen D. Ling, Ling & Farran, Greensboro, NC, for debtors.

Mr. Samuel J. Pasquarelli, Sherrard, German & Kelly, P.C., Pittsburgh, PA, for USAir Federal Credit Union.

MEMORANDUM OPINION

JERRY G. TART, Bankruptcy Judge.

The issue in this case is whether proceeds from a credit disability insurance policy are property of the estate of a bankrupt debtor, or are the property of the creditor beneficiary of that policy. This court holds that the proceeds are not property of the estate, and thus belong to the creditor beneficiary.

The debtors brought this motion for compensatory and punitive damages against USAir Federal...

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