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IN RE ROMAGNO

Bankruptcy No. 92-B-20809 (HS).

159 B.R. 439 (1993)

In re John ROMAGNO and Theresa Romagno, Debtors.

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

October 1, 1993.

Attorney(s) appearing for the Case

Kurtzman, Haspel & Stein, Spring Valley, NY, for debtors.

Gainsburg & Hirsch, Purchase, NY, for trustee.

MEMORANDUM DECISION

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Hal Hirsch, the Trustee in this Chapter 7 bankruptcy case objects to an exemption claimed by the debtors, John and Theresa Romagno, under New York Debtor and Creditor Law § 282(iii)(3) for the proceeds of a pending personal injury action for pain and suffering. In support of his position, the Trustee argues that under the statute, property which represents pain and suffering is not exempt...

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