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IN RE DUFFIN

BAP No. UT-10-023. Bankruptcy No. 09-28879.

457 B.R. 820 (2011)

In re Coby R. DUFFIN and Jeanie Marie Duffin, Debtors. Stephen W. Rupp, Trustee, Appellant, v. Coby R. Duffin and Jeanie Marie Duffin, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

September 19, 2011.

Attorney(s) appearing for the Case

Stephen W. Rupp , Trustee ( Jamie L. Nopper and Michelle W. Kasteler of McKay, Burton & Thurman, Salt Lake City, UT, with him on the brief), for Appellant.

Geoffrey C. Dietrich of G.C. Dietrich Law, P.C., Salt Lake City, UT, for Appellees.

Before CORNISH, Chief Judge, BROWN, and KARLIN, Bankruptcy Judges.

BROWN, Bankruptcy Judge.

The issue before this Court is whether the bankruptcy court properly allowed debtors Coby and Jeanie Duffin ("Debtors") to claim a Utah state law exemption in proceeds and avails of their unmatured life insurance policies, including payments made on the policies in the year preceding their bankruptcy filing. Appellant Stephen W. Rupp, Chapter 7 trustee ("Trustee") contends the bankruptcy court incorrectly interpreted the Utah exemption statute...

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