IN RE McDONALD

No. 08-11741 B.

402 B.R. 568 (2009)

In re Neal J. McDONALD, Dolores K. McDonald, Debtors.

United States Bankruptcy Court, W.D. New York.

March 10, 2009.


Attorney(s) appearing for the Case

Dennis Gaughan, Hamburg, NY, for Debtors.

John H. Ring III, Cheektowaga, NY, for Trustee.


DECISION & ORDER

BUCKI, Chief Judge.

The debtors seek to compel the trustee to return the cash value of life insurance policies that the debtors had previously surrendered pursuant to a turnover order. The central issue concerns the circumstances under which an appellate ruling in a different case will apply to reverse an earlier directive in the instant matter.

The present controversy relates to a long-standing debate about whether New...

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