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IN RE DALY

No. 5:02-BK-00605.

344 B.R. 304 (2005)

In re Arthur Terry DALY, Debtor. Robert N. Opel, Trustee, Movant, v. Arthur Terry Daly, Respondent. New York Life Insurance Co., Movant, v. Arthur Terry Daly, Respondent.

United States Bankruptcy Court, M.D. Pennsylvania.

October 6, 2005.

Attorney(s) appearing for the Case

Michael J. Burke, David J. Harris, Brad Kurlancheek, Esq., Brian E. Manning, Ernest A. Sposto, Jr., Philadelphia, PA, for Debtor.

Ernest A. Sposto, Jr., Scranton, PA, for Movant.

OPINION

JOHN J. THOMAS, Bankruptcy Judge.

STATEMENT OF FACTS & PROCEDURAL HISTORY

In 1989, Debtor purchased a disability insurance policy from New York Life Insurance Company (NYL). Debtor made a claim in July 1993 against the policy. NYL paid Debtor $400 a month for approximately four years before it terminated the policy.

On October 20, 1995, NYL filed a complaint in the Eastern District of Pennsylvania against the Debtor seeking...

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