United States Fifth Circuit

In a bankruptcy appeal, summary judgment in favor of debtor and against bankruptcy trustee is reversed and where: 1) the district court erred in holding that the trustee failed to set forth any authenticated evidence establishing the existence of undisclosed, pre-petition bankruptcy funds in the case; and 2) the use of undisclosed, pre-petition bankruptcy funds to make the first premium payment on a term life insurance policy could render all or some of the policy proceeds part of the bankruptcy estate.

Appellate Information

• Decided 02/01/2008
• Published 02/04/2008

Judges

• DENNIS, Circuit Judge:, Before DeMOSS, DENNIS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

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


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