IN RE CUTIGNOLA

No. 10-38888.

450 B.R. 445 (2011)

In re Vincent and Elenita CUTIGNOLA, Debtors.

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

May 18, 2011.


Attorney(s) appearing for the Case

Michael A. Fakhoury , Fishkill, NY, for Debtors.

Thomas Genova , Trustee, Wappingers Falls, NY.


OPINION DENYING TRUSTEE'S MOTION FOR TURNOVER OF ASSETS

CECELIA G. MORRIS, Bankruptcy Judge.

The chapter 7 trustee seeks turnover of an individual retirement account and homestead exemption, which were owned by debtor Elenita Cutignola, on the grounds that they passed to the bankruptcy estate upon her death post-petition. Debtor Vincent Cutignola opposes the motion, arguing that the assets retain their exempt status, having passed to him as the beneficiary...

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