Legal Opinion
Overton's, Inc. v. Interstate Fire & Casualty Insurance (In Re SportStuff, Inc.)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided June 3, 2010No. 09-6030, 09-6031, 09-6032, 09-6033, 09-6034, 09-6035, 09-6036, 09-6036, 09-6037, 09-6038, 09-6039, 09-6040, 09-6041, 09-6042, 09-6043, 09-6044, 09-6045, 09-6046, 09-6047, 09-6048, 09-6049, 09-6050, 09-6051, 09-6052PublishedCited by 5 opinions
1Opinion of the Court
VENTERS, Bankruptcy Judge.
These appeals seek review of the bankruptcy court’s memorandum and four orders approving settlements between the Debtor and three of its insurers, Axis Surplus Insurance Company, Evanston Insurance Company and Interstate Fire & Casualty Company and enjoining further actions against the insurers. 1 For the reasons stated below, we reverse the rulings of the bankruptcy court.
I. STANDARD OF REVIEW
A bankruptcy court’s approval of a settlement is reviewed for an abuse of discretion. 2 An abuse of discretion occurs if the court bases its ruling on an erroneous view of the…
2Cases cited9 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- The Matter of Zale Corporation, Debtor. Alan D. Feld, and National Union Fire Insurance Company, Inc., of Pittsburgh, Pennsylvania v. Zale CorporationCourt of Appeals for the Fifth Circuit · 1995
- 18 Collier bankr.cas.2d 717, Bankr. L. Rep. P 72,183 in Re Titan Energy, Inc. National Union Fire Insurance Company of Pittsburgh, Pa. v. Titan Energy, Inc.Court of Appeals for the Eighth Circuit · 1988
- Homsy v. Floyd (In Re Vitek, Inc.)Court of Appeals for the Fifth Circuit · 1995
- Martin v. Cox (In Re Martin)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
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3Cited by5 opinions
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- In re CS Mining, LLCUnited States Bankruptcy Court, D. Utah · 2017
- Caesars Entertainment Operating Co. v. BOKF, N.A. (In re Caesars Entertainment Operating Co.)United States Bankruptcy Court, N.D. Illinois · 2015
- Bath Iron Works Corporation v. CC Oldco CorporationUnited States Bankruptcy Court, D. New Jersey · 2021
- Bath Iron Works Corporation v. CC Oldco CorporationUnited States Bankruptcy Court, D. New Jersey · 2021