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IN RE PAYNE

BAP No. NC-04-1102-MaSP, Bankruptcy No. 03-12246.

323 B.R. 723 (2005)

In re Barbara Marie PAYNE, Debtor. Estate of Dean Short, Appellant, v. Barbara Marie Payne; Charles E. Sims, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 30, 2005.

Attorney(s) appearing for the Case

Michael C. Fallon, Santa Rosa, CA, for Estate of Dean Short.

George A. Weinkauf, Nelson & Weinkauf, San Rafael, CA, for Barbara Marie Payne.

Before MARLAR, SMITH and PERRIS, Bankruptcy Judges.

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

Before us is the bankruptcy court's order allowing the debtor's claimed exemption in a guaranteed minimum annuity with a life contingency feature as "life insurance." An objecting creditor, joined by the chapter 7 trustee, maintained that the annuity was merely an investment and therefore did not qualify as life insurance under the relevant California exemption statute. The bankruptcy...

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