Legal Opinion
McLain v. Newhouse Ex Rel. Bankruptcy Estate of McLain
Court of Appeals for the Fifth Circuit
Decided February 1, 2008No. 06-10874PublishedCited by 61 opinions
1Opinion of the Court
DENNIS, Circuit Judge:
This bankruptcy appeal raises the novel issue of whether the use of undisclosed, pre-petition bankruptcy funds to make the first premium payment on a term life insurance policy renders all or some of the policy proceeds part of the bankruptcy estate. The bankruptcy court held that the use of such funds in this case does not render the policy proceeds part of the bankruptcy estate. On appeal the district court did not address this issue. Instead, the district court held that the bankruptcy trustee failed to set forth any authenticated evidence establishing the existence…
2Cases cited35 opinions
- Turner v. Baylor Richardson Medical CenterCourt of Appeals for the Fifth Circuit · 2007
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- In the Matter of Lewis Anson David Edgeworth, M.D., Debtor. Donna Elaine Houston v. Lewis Anson David Edgeworth, M.D.Court of Appeals for the Fifth Circuit · 1993
- Jerry Payne and Deborah Payne, Debtors-Appellants v. Charles R. Wood, Jr.Court of Appeals for the Seventh Circuit · 1985
30 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Ad Hoc Group of Vitro Noteholders v. Vitro S.A.B. De C.V.Court of Appeals for the Fifth Circuit · 2012
- United States v. JacksonCourt of Appeals for the Fifth Circuit · 2011
- David Thompson v. Bank of America N.A., etCourt of Appeals for the Fifth Circuit · 2015
- United States v. BarlowCourt of Appeals for the Fifth Circuit · 2009
- TMT Procurement Corp. v. Vantage Drilling Co. (In Re TMT Procurement Corp.)Court of Appeals for the Fifth Circuit · 2014
56 more not listed; retrieve them via the Exa API.