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IN RE LUBECKI

No. 05-10416 B.

332 B.R. 256 (2005)

In re Morgan H. LUBECKI, Debtor.

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

August 23, 2005.

Attorney(s) appearing for the Case

Thomas J. Gaffney, Esq., Buffalo, NY, for trustee.

Law Office of Ralph C. Lorigo (Frank J. Jacobson, Esq., of counsel), West Seneca, NY, for Debtor.

DECISION and ORDER

CARL L. BUCKI, Bankruptcy Judge.

The primary issue in the present dispute is whether life insurance proceeds retain their exempt status after the beneficiary commingles those proceeds with other funds on deposit in a bank account.

Morgan Lubecki is the widow of James Lubecki. At the time of James's death, Mrs. Lubecki was the beneficiary and owner of a policy of insurance on her husband's

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