Legal Opinion

PHI Air Medical, LLC v. Westenhoefer (In re White)

United States Bankruptcy Court, E.D. Kentucky

Decided November 11, 2016No. CASE NO. 14-61222; ADV. NO. 15-6036Published

1Opinion of the Court

MEMORANDUM OPINION

Gregory R. Schaaf, Bankruptcy Judge

This declaratory judgment action to determine whether certain prepetition health insurance proceeds are property of the Debtors’ estate is before the Court on the renewed cross-motions for summary judgment and supporting papers of the Plaintiff, PHI Air Medical, LLC [ECF Nos. 44 and 52], and the Defendant, Chapter 7 Trustee James R. Westenhoefer [ECF Nos. 50 and 51]. The parties previously *415filed similar motions [ECF Nos. 15 and 20], which were denied because genuine issues of material fact precluded summary-judgment in favor of either side…

2Cases cited16 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Mingus Constructors, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1987
  4. Taft Broadcasting Company v. United StatesCourt of Appeals for the Sixth Circuit · 1991
  5. In Re: Marilyn E. Morris, Debtor. John Poss v. Marilyn E. MorrisCourt of Appeals for the Sixth Circuit · 2001

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