IN RE MATA

Bankruptcy No. 98-11893 K.

244 B.R. 580 (1999)

In re Ernesto MATA, Sr. and Angela Mata, Debtors.

United States Bankruptcy Court, W.D. New York.

April 2, 1999.


Attorney(s) appearing for the Case

Francis W. Tesseyman, Jr., West Seneca, NY, for Debtor.

Melissa A. Tocha, Aaron, Dautch, Sternberg & Lawson, Buffalo, NY, for Trustee.


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...

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