Legal Opinion

Van Curen v. Great American Insurance (In Re Hat)

United States Bankruptcy Court, E.D. California

Decided January 31, 2007No. 19-20518PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM DECISION

THOMAS C. HOLMAN, Bankruptcy Judge.

Plaintiff John Van Curen, chapter 11 trustee of the estate of Michael Hat, (“Trustee”) seeks a judicial determination that certain crop insurance policies 1 and the proceeds therefrom are property of the bankruptcy estate pursuant to 11 U.S.C. § 541 2 and that any proceeds payable under the Subject Policies be turned over to the estate. 3 Defendant GAIC filed a counterclaim interpleading funds which ultimately totaled $761,329.00 (the “Counterclaim”). For the reasons set forth in this Memorandum Decision, the court holds (1) Trustee is…

2Cases cited25 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Prudential-LMI Commercial Insurance v. Superior CourtCalifornia Supreme Court · 1990
  3. Sessions v. RomadkaSupreme Court of the United States · 1892
  4. Brown v. O'KEEFESupreme Court of the United States · 1937
  5. First National Bank of Jacksboro v. LasaterSupreme Court of the United States · 1905

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3Cited by7 opinions

  1. In re: Augustine Pena, IIIUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
  2. Gugino v. Kerslake (In re Clark)United States Bankruptcy Court, D. Idaho · 2015
  3. Curen v. Federal Crop InsuranceDistrict Court, N.D. California · 2014
  4. In re: Prehired LLC, et al. v. Joshua Jordan; Don A. Beskrone, solely in his capacity as Chapter 7 Trustee v. Joshua JordanUnited States Bankruptcy Court, D. Delaware · 2025
  5. Martin v. GladstoneCalifornia Court of Appeal · 2023

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