In re Clave

Motion to compel turnover of insurance proceeds denied in absence of bad faith and conversion to chapter 13 granted.
Procedural posture: 
Debtor filed her chapter 7 petition on November 16, 2007. On January 23, 2008, her husband died, leaving her as the beneficiary of a life insurance policy in the amount of $ 250,000. On January 30, 2008, she filed a motion to convert her case to chapter 13. The trustee opposed the motion and asserted a possessory interest in the policy proceeds. On March 4, 2008, the trustee filed a motion to compel the Debtor to turnover the proceeds.
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Consumer case opionion summary, case decided on April 28,2008, LexisNexis #0608-112