Legal Opinion
JCF AFFM Debt Holdings. L.P. v. Affirmative Insurance Holdings, Inc. (In re Affirmative Insurance Holdings, Inc.)
United States Bankruptcy Court, D. Delaware
Decided March 29, 2017No. Case No. 15-12136 (CSS) (Jointly Administered) Adv. Proc. Case No. 16-50425 (CSS)PublishedCited by 6 opinions
1Opinion of the Court
OPINION1
Sontchi, J.
INTRODUCTION
Before the Court are two related motions to dismiss the remaining claims and counterclaims in this adversary proceeding. Ultimately, beyond the comprehensive arguments, this matter is simple. The parties put forward antithetic theses to justify their priority entitlement to the funds in the bank account at issue here. Those funds are a portion of the proceeds from the sale of the Debtors’ managing general agencies. On the one hand, Anna Melissa Dowling (the “AIC Liquidator”), the court-appointed liquidator of Affirmative Insurance Company (“AIC”), a non-debtor…
2Cases cited65 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Scheuer v. RhodesSupreme Court of the United States · 1974
- In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
- Butner v. United StatesSupreme Court of the United States · 1979
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3Cited by6 opinions
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- Beskrone v. Int'l Educ. Corp. (In re Pennysaver USA Publ'g, LLC)United States Bankruptcy Court, D. Delaware · 2018
- Hawkes v. Automated Recovery Systems Of New Mexico, INC. a NUnited States Bankruptcy Court, D. New Mexico · 2023
- Luis Rodriguez v. Coaction Specialty Insurance Services, LLCDistrict Court, E.D. Pennsylvania · 2026
- Orly GengerUnited States Bankruptcy Court, S.D. New York · 2025
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