IN RE McLAIN

No. 06-10874.

516 F.3d 301 (2008)

In the Matter of Michael McLAIN, Debtor. Michael McLain; Lori Fuentes; Gil McLain, Jr., Appellees, v. Robert Newhouse, as Trustee for the Bankruptcy Estate of Michael McLain, Appellant.

United States Court of Appeals, Fifth Circuit.

February 1, 2008.


Attorney(s) appearing for the Case

Gregory Richardson. Ave (argued), Walters, Balido & Crain, Steven W. Thornton, McCorkle, Westerberg & Thornton, Robert Anthony Montserrat, Dallas, TX, for Appellees.

Larry A. Levick, Gabrielle Alicia Hamm (argued), Gerard, Singer & Levick, Addison, TX, for Appellant.

Before DeMOSS, DENNIS and OWEN, Circuit Judges.


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...

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