Hertzberg v. Loyal American Life Insurance Co. (In Re B & K Hydraulic Co.)
United States Bankruptcy Court, E.D. Michigan
1Opinion of the Court
MEMORANDUM OPINION
STEVEN W. RHODES, Bankruptcy Judge.
I
The issue in this adversary proceeding is whether the defendant, Loyal American Life Insurance Company, is liable on a life insurance policy following the death of the insured. Loyal American denies liability on the ground that the policy lapsed by its own terms when the trustee, Robert Hertz-berg, failed to make the required post-petition premium payments. Hertzberg contends that the insurance contract is an ex-ecutory contract that Loyal American is prohibited from terminating the contract without the approval of the Bankruptcy Court.…
2Cases cited21 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
- Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
- Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
- In Re Public Ledger, Inc.Court of Appeals for the Third Circuit · 1947
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- In Re El Paso Refinery, L.P.United States Bankruptcy Court, W.D. Texas · 1998
- Goldin v. Putnam Lovell, Inc. (In Re Monarch Capital Corp.)United States Bankruptcy Court, D. Massachusetts · 1994
- Nicholls v. Zurich American Insurance GroupDistrict Court, D. Colorado · 2003
- C.O.P. Coal Development Co v. C.W. Mining Co. (In Re C.W. Mining Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2010
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