# Benjamin B. Brown, Trustee in Bankruptcy of the Estate of Hyman R. Posin, Bankrupt v. Hyman R. Posin

> Court of Appeals for the Fourth Circuit · November 11, 1960 · 284 F.2d 300

URL: https://www.frixlaw.com/law-library/cases/252404

## Case

- **Full name:** Benjamin B. BROWN, Trustee in Bankruptcy of the Estate of Hyman R. Posin, Bankrupt, Appellant, v. Hyman R. POSIN, Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** November 11, 1960
- **Citations:** 284 F.2d 300; 1960 U.S. App. LEXIS 3340
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Sobeloff, Soper, Bryan
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/252404

## Opinion text

PER CURIAM.
This appeal relates to the exemptions allowable to a bankrupt. Maryland Law is here controlling, and the answer depends upon the proper interpretation of a Maryland statute and the Maryland Constitution. The District Court held that Article 48A, section 166,
*301
of the Maryland Code (1957) applies. This statute exempts the cash surrender value, without limitation, of life insurance policies made for the benefit of or assigned to the wife or children or other dependent relative of the debtor. The court held this statute valid and not in conflict with section 44 of Article III of the Constitution of Maryland, which limits to $500 the amount of a debtor’s property which the legislature may exempt from
execution.
For the reasons stated in the able opinion of the District Court, reported in 183 F.Supp. 380 , the judgment below is
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/252404. Public record. Not legal advice.