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IN RE LLEWELLYN

No. 98-12121 B.

231 B.R. 841 (1999)

In re Bret LLEWELLYN, Debtor.

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

March 31, 1999.

Attorney(s) appearing for the Case

Gross, Shuman, Brizdle & Gilfillan, P.C., Robert J. Feldman, of counsel, Buffalo, New York, for debtor.

Penney, Maier, Wallach & Crowe, Mark S. Wallach, of counsel, Buffalo, New York, for trustee.

CARL L. BUCKI, Bankruptcy Judge.

In this Chapter 7 proceeding, the trustee has objected to a portion of the debtor's claim of exemption to the cash value of a life insurance policy. Specifically, the trustee contends that a prepetition premium and interest payment was fraudulent and that therefore that payment must enure to the benefit of creditors pursuant to N.Y. Insurance Law § 3212(e)(2)(A) (McKinney 1985). Because this provision applies to instances only...

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