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IN RE DONAGHY

Bankruptcy No. 81 B 20055.

11 B.R. 677 (1981)

In re John and Elizabeth DONAGHY, Debtors.

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

June 12, 1981.

Attorney(s) appearing for the Case

Sidney Turner, White Plains, N.Y., Trustee.

Westchester Legal Services, Inc., Senior Citizens Law Project, Yonkers, N.Y., for debtors; Stephen Norman, Westchester Legal Services, Inc., Yonkers, N.Y., of counsel.

DECISION ON TRUSTEE'S OBJECTION TO EXEMPTION CLAIMED BY DEBTORS

HOWARD SCHWARTZBERG, Bankruptcy Judge.

These elderly debtors face a battle with cancer and the trustee in bankruptcy for the use of $21,992.87 in accrued pension benefits they received while they were preparing their petition in bankruptcy and which they claim as exempt under 11 U.S.C. § 522(d)(10)(E). Because the funds were received in a lump sum three weeks before the filing of their...

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