Legal Opinion

In Re Bencker

United States Bankruptcy Court, W.D. Michigan

Decided December 20, 1990No. 19-02776PublishedCited by 15 opinions

1Opinion of the Court

OPINION ON DEBTORS’ PETITION TO ALLOW PAYMENT OF INSURANCE PROCEEDS

LAURENCE E. HOWARD, Bankruptcy Judge.

This matter is before the Court on the petition of the Debtors to assume a purported executory contract for the sale of a mobile home and to use a portion of certain insurance proceeds to complete the contract. The two legal issues to be decided are whether the Court has jurisdiction to act on the Debtors’ petition pending an appeal of whether the proceeds are property of the estate, and whether the contract the Debtors wish to assume is an executory contract of the type contemplated by 11…

2Cases cited9 opinions

  1. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  4. National Labor Relations Board v. Cincinnati Bronze, Inc.Court of Appeals for the Sixth Circuit · 1987
  5. Charles JANKOVICH, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1989

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3Cited by15 opinions

  1. Dicola v. American Steamship Owners Mutual Protection & Indemnity Ass'n (In Re Prudential Lines, Inc.)District Court, S.D. New York · 1994
  2. In Re Damon J. And Regina M. Kroskie, Debtors. James W. Boyd, Chapter 7 Trustee v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Sixth Circuit · 2003
  3. Cluxton v. Fifth Third Bank (In Re Cluxton)Bankruptcy Appellate Panel of the Sixth Circuit · 2005
  4. In Re FitchUnited States Bankruptcy Court, S.D. Illinois · 1994
  5. Schnittjer v. Burke Construction Co. (In Re Drahn)United States Bankruptcy Court, N.D. Iowa · 2009

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