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IN RE KIERSZ

No. 04-10121 B.

315 B.R. 23 (2004)

In re Robert T. KIERSZ, Jr., Debtor.

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

September 23, 2004.

Attorney(s) appearing for the Case

John H. Ring, III, Buffalo, NY, Trustee.

Jeffrey Freedman Attorneys, Paul M. Pochepan, of counsel, Buffalo, NY, for Debtor.

Zdarsky, Sawicki & Agostinelli, Mark J. Schlant, of counsel, Buffalo, NY, for the Trustee in the case of Donna F. Kiersz (04-10307K).

CARL L. BUCKI, Bankruptcy Judge.

Robert T. Kiersz, Jr., is the owner of a life insurance policy that insures his own life and that names his wife as beneficiary. Meanwhile, Mrs. Kiersz is the owner of a separate policy that insures her life and that names her husband as beneficiary. In this district, the law is clear that if Mr. and Mrs. Kiersz had filed a joint petition, they would not be allowed an exemption for the cash value of either policy. In re Teufel,...

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