Legal Opinion

Liberty Mutual Insurance v. Official Unsecured Creditors' Committee of Spaulding Composites Co. (In Re Spaulding Composites Co.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 26, 1997No. BAP No. CC-94-2174-RUMEJ, Bankruptcy No. LA 93-16711 CA, Adversary No. LA 94-02784 CAPublishedCited by 71 opinions

1Opinion of the Court

OPINION

DAVID E. RUSSELL, Bankruptcy Judge:

OVERVIEW

The debtor filed a chapter 11 petition seeking protection from creditors alleging the debtor’s liability for pollution remediation costs. After the filing, the debtor’s insurer filed suit in state court to obtain a declaratory judgment of its liability to the debtor’s corporate shareholders under insurance policies issued to both the debtor and these corporate affiliates. The unsecured creditors’ committee then commenced an adversary proceeding claiming the insurer’s state court action violated the automatic stay. The bankruptcy court issued a…

2Cases cited35 opinions

A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
Holland America Insurance Company v. Succession of Shepherd J. Roy, the Union Bank and Central Pecan Shelling Company, Inc.Court of Appeals for the Fifth Circuit · 1985
Nicholas M. Patton v. Richard Bearden, Robert Bearden, and J.M. Bearden, Individually, and D/B/A Bearden Fish FarmsCourt of Appeals for the Sixth Circuit · 1993
Pacesetter Systems, Inc. v. Medtronic, Inc. And Med Rel Inc.Court of Appeals for the Ninth Circuit · 1982

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3Cited by71 opinions

Torch Liquidating Trust Ex Rel. Bridge Associates L.L.C. v. StockstillCourt of Appeals for the Fifth Circuit · 2009
In Re Commodore International Ltd.Court of Appeals for the Second Circuit · 2001
PW Enterprises, Inc. v. North Dakota Racing CommissionCourt of Appeals for the Eighth Circuit · 2008
Official Committee of Unsecured Creditors v. Austin Financial Services, Inc. (In Re KDI Holdings, Inc.)United States Bankruptcy Court, S.D. New York · 1999
Official Committee of Unsecured Creditors of America's Hobby Center, Inc. v. Hudson United Bank (In Re America's Hobby Center, Inc.)United States Bankruptcy Court, S.D. New York · 1998

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