IN RE TOBER

Nos. 11-60018, 11-60019.

688 F.3d 1160 (2012)

In re Joan A. TOBER, Debtor, Joan A. Tober, Appellant, v. Beth Lang, Chapter 7 Trustee, Appellee. In re Ronda Liane Hummel, Debtor, Ronda Liane Hummel, Appellant, v. Trudy A. Nowak, Chapter 7 Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2012.


Attorney(s) appearing for the Case

Alan R. Solot , Tilton & Solot, Tucson, AZ, for the appellants.

Trudy A. Nowak , Phoenix, AZ, for the appellees.

Before: ALEX KOZINSKI, Chief Judge, M. MARGARET McKEOWN and N. RANDY SMITH, Circuit Judges.


OPINION

N.R. SMITH, Circuit Judge:

Arizona Revised Statutes Section 33-1126(A)(6) and (7) allow a debtor in a bankruptcy proceeding to exempt the cash surrender value of life insurance policies and proceeds of annuity contracts from the bankruptcy estate if the debtor names certain beneficiaries. Arizona law requires us to construe these bankruptcy statutory exemptions in favor of the debtor. As a matter of first impression in Arizona, we conclude that the...

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