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IN RE BAKER

Docket No. 09-4656-bk.

604 F.3d 727 (2010)

In re William Wesley BAKER, Debtor. Mark W. Swimelar, Chapter 13 Trustee, Appellant, v. William Wesley Baker, doing business as The Stage Door, Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 14, 2010.

Attorney(s) appearing for the Case

Maxsen David Champion, Law Office of Mark W. Swimelar, Syracuse, NY, for Appellant.

James Harberson (Anthony Inserra, on the brief), Watertown, NY, for Appellee.

Before RAGGI, HALL, and CHIN, Circuit Judges.

REENA RAGGI, Circuit Judge:

In filing for relief under Chapter 13 of the United States Bankruptcy Code, 11 U.S.C. §§ 1301-1330, debtor William Wesley Baker sought to exempt the proceeds of an annuity worth $155,000 from the bankruptcy estate, relying on New York Debtor and Creditor Law § 282 and New York Insurance Law § 3212. Contending that the exemption was not in the best interest of the creditors, bankruptcy trustee Mark W. Swimelar objected...

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