Bartholow v. Garner

MEMORANDUM OPINION AND ORDER

FISH, District Judge.

This case is here on appeal from an order of the Bankruptcy Court, which held that the debtor, Stanley L. Garner, could claim, as an exemption from the estate, the cash surrender value of a life insurance policy. Molly W. Bartholow, the trustee in bankruptcy, appeals this ruling as contrary to the applicable exemption statute, former article 3836(a)(6) of Vernon’s Annotated Texas Revised Civil Statutes. 1

The findings of fact of the Bankruptcy Court are simple and undisputed. Garner took out a life insurance policy in 1980, naming as “Direct…