United States Fourth Circuit

Payments made to a Chapter 7 debtor under a privately purchased disability insurance policy are partially exempt from the bankruptcy estate under West Virginia Code section 38-10-4(j)(5), so as to permit exemption of only that portion of the payments found reasonably necessary to provide support for the debtor and his dependents.

Appellate Information

• Argued 10/31/2001
• Decided 03/05/2002
• Published 03/05/2002

Judges

• Before MICHAEL, MOTZ, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas Herbert Fluharty, Clarksburg, West Virginia, for Appellants.  Martin Patrick Sheehan, Sheehan & Nugent, P.L.L.C., Wheeling, West Virginia, for Appellee.