Judge Trager

Wornick v. Gaffney

Appellant spouses sought review of an order of the United States District Court for the Western District of New York affirming the bankruptcy court's order sustaining appellee trustee's objection to the spouses' claim that the cash surrender values of whole life insurance policies that each spouse held for the benefit of the other were exempt from the joint administration of their bankruptcy estates.
Ruling: 
Debtor spouses' interests in reciprocal life insurance policies were inchoate and not subject to administration.
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Consumer case opionion summary, case decided on September 24,2008, LexisNexis #1008-062

In re Tomlinson

Petitioners, a debtor and her chapter 7 trustee, jointly moved to withdraw the reference of a bankruptcy case from a bankruptcy court to a district court in order to enforce two of the bankruptcy court's orders, which determined and certified that respondents, the debtor's bankruptcy petition preparers, owed damages and fees for violating 11 U.S.C. § 110(h)(2). The preparers opposed the motions.
Ruling: 
Court held that bankruptcy petition preparers engaged in the unauthorized practice of law and made false and misleading representations.
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