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CYRAK v. POYNOR

Civ. A. No. CA3-87-0414-D.

80 B.R. 75 (1987)

Mel CYRAK, Trustee, First City Bank of Richardson, Uncertain, Inc., Loretta Blum, Inc., Capital Bank, Donald Smith, Sanger Harris, Bent Tree Homeowners Assoc., Inc., Xerox Credit Corp., Ed Noble, Texas Plywood & Lumber, Inc., Oldach N.R.G. Windows, Inc., Boundary Mark, Inc., United Marble, Inc., Plaintiffs-Appellees, v. Kathleen POYNOR, Defendant-Appellant.

United States District Court, N.D. Texas, Dallas Division.

November 25, 1987.

Attorney(s) appearing for the Case

Robin E. Phelan and Mark X. Mullin of Haynes & Boone, Dallas, Tex., for plaintiff-appellee, Mel Cyrak, trustee.

Philip I. Palmer, Jr. of Palmer & Palmer, P.C., Dallas, Tex., for defendant-appellant.

OPINION

FITZWATER, District Judge.

A chapter 7 debtor who, upon the accidental death of her co-debtor husband, became entitled to acquire life insurance proceeds within 180 days of the petition date, appeals the bankruptcy court's denial of her claim that the proceeds are totally exempt from her estate. The court is asked to interpret two Bankruptcy Code provisions to determine whether the proceeds are totally exempt pursuant to 11 U.S.C. § 522(d)(7...

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