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In re Melvin D. Van Dentop

Bankr. No.: 
95-40644
Chapter: 
7
Date of Decision: 
March 7, 1997
Issue: 
Whether funds represented by a check may be declared exempt where Debtor wrote the check pre-petition but the check was honored post-petition by an insurance company that held a debt against Debtor's life insurance policy?
Ruling: 
The check was intended to repay a loan against Debtor's life insurance. The check had not cleared on the petition date and, therefore, the funds represented by the check were still estate property. The trustee could seek to avoid the post-petition transfer by bringing an action against the insurance company.
Full Bankruptcy Court Decision: 
Appeal Summary: 
The district court affirmed the bankruptcy court’s decision.
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: