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In re Okwonna-Felix

In re Okwonna-Felix

Ruling
Settlement proceeds from undisclosed lawsuit were exempt but subject to lien of secured creditor.
Procedural posture

Movant debtor sought to exempt $5,337.50 in proceeds to be paid pursuant to a settlement of a lawsuit against its insurer received from a breach of contract cause of action for the insurer's failure to pay sufficient proceeds under a policy after Hurricane Ike damaged the debtor's homestead. A secured creditor, the debtor's mortgagee, claimed an interest in the proceeds as well.

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Consumer opinion summary, case decided on August 03, 2011 , LexisNexis #0911-043