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IN RE POLANOWSKI

Nos. 00-10632 B, 00-10541 B, 99-16997 B, 99-16669 B.

258 B.R. 86 (2001)

In re Richard J. & Diana L. POLANOWSKI, Salvatore & Eileen P. Pascuzzi, Stephen M. & Bettina A. Jones, Douglas John & Beverly Ann Russell, Debtors.

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

February 2, 2001.

Attorney(s) appearing for the Case

John H. Ring III, Buffalo, New York, Trustee for Richard & Diana Polanowski, Stephen & Bettina Jones, Salvatore & Eileen Pascuzzi.

Law Offices of Barry H. Sternberg, Amherst, New York, Janet MacDonald, of counsel, for Richard & Diana Polanowski, Stephen & Bettina Jones.

Penney, Maier, Wallach & Crowe, Buffalo, New York, Mark S. Wallach, of counsel, for trustee of Douglas & Beverly Russell.

Denis A. Kitchen, Jr., Williamsville, New York, for Douglas & Beverly Russell.

Magavern, Magavern & Grimm, L.L.P., Buffalo, New York, Cheryl Smith Fisher, of counsel, for Salvatore & Eileen Pascuzzi.

CARL L. BUCKI, Bankruptcy Judge.

In each of these four cases, the chapter 7 trustee has objected to a claim of exemption for a policy of whole-life insurance that a debtor purchased on his or her own life. For all but one policy, the beneficiary is a co-debtor spouse. In the remaining instance, another family member holds this designation. Relying on the decision of my esteemed colleague in In re Mata, 244 B.R. 580 (Bankr.W.D...

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