In Re Butcher
United States Bankruptcy Court, E.D. Tennessee
1Opinion of the Court
RICHARD STAIR, Jr., Bankruptcy Judge.
At issue is whether the trustee may remove the debtor and substitute the debtor’s estate as the beneficiary of a life insurance policy owned by the debtor. The trustee contends the right to change the beneficiary is a contract right emanating from the debtor’s ownership of the policy which is property of the estate. 11 U.S.C.A. § 541 (West 1979 & Supp.1986). Contending the trustee’s interest is limited to the right to receive the cash value of the policy as of the petition date, the debtor maintains only her interest as owner of the policy— not her…
2Cases cited7 opinions
- Burlingham v. CrouseSupreme Court of the United States · 1913
- Grigsby v. RussellSupreme Court of the United States · 1911
- Holden v. StrattonSupreme Court of the United States · 1905
- Cohen v. SamuelsSupreme Court of the United States · 1917
- Clement v. Insurance Co.Tennessee Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hicks v. Turchin (In re 1 Con-Struct Corp.)United States Bankruptcy Court, S.D. Florida. · 1988
- Lekas v. Mann (In Re Lekas)United States Bankruptcy Court, D. Arizona · 2003
- Wallace v. Crawford (In re Meyers)United States Bankruptcy Court, W.D. North Carolina · 2012