Legal Opinion
Milligan v. Trautman
Court of Appeals for the Fifth Circuit
Decided August 8, 2007No. 06-50363PublishedCited by 9 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Charles Trautman surrendered his whole-life insurance policy, receiving a check for the final cash value. He then filed for bankruptcy, seeking to exempt the check from the estate. Holding that the cash from a surrendered whole-life policy is not exempt under Texas law, we affirm.
I
Husband and wife Charles and Carol Trautman got into financial trouble. In 2004, Charles surrendered a whole-life insurance policy that he owned, a policy which insured his life with the death-benefit payable to Carol. The policy had a gross cash surrender value of about…
2Cases cited4 opinions
- Walden v. McGinnesCourt of Appeals for the Fifth Circuit · 1994
- LaSalle Bank National Ass'n v. SleutelCourt of Appeals for the Fifth Circuit · 2002
- In Re BrothersUnited States Bankruptcy Court, N.D. Texas · 1988
- In Re YoungUnited States Bankruptcy Court, E.D. Texas · 1994
3Cited by9 opinions
- In Re SimsUnited States Bankruptcy Court, D. South Carolina · 2010
- In Re MillerUnited States Bankruptcy Court, N.D. Indiana · 2010
- Gloria Garcia v. Genesis Crude Oil L.P., Texas Court of Appeals, 13th District2015
- In Re BrooksUnited States Bankruptcy Court, S.D. Texas · 2009
- In re WylyUnited States Bankruptcy Court, N.D. Texas · 2016
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