Legal Opinion
In re Culp
United States Bankruptcy Court, D. Delaware
Decided August 30, 2018No. Case No. 14-11592 (BLS); Re: Docket Nos. 189-90, 192Published
1Opinion of the Court
Brendan Linehan Shannon, United States Bankruptcy Judge
Before the Court is a motion (the "Motion") filed by the Debtors for a determination that certain insurance proceeds currently held by the Chapter 7 Trustee are not property of the bankruptcy estate and should therefore be returned to the Debtors [Docket No. 189]. The Debtors contend that the proceeds are controlled by their mortgage lender under a "loss payee" provision within the insurance policy, and thus were never property of the estate. The Trustee argues that the insurance proceeds are indeed property of the estate under 11 U.S.C.…
2Cases cited8 opinions
- In the Matter of Lewis Anson David Edgeworth, M.D., Debtor. Donna Elaine Houston v. Lewis Anson David Edgeworth, M.D.Court of Appeals for the Fifth Circuit · 1993
- First Fidelity Bank v. Raymond McAteer Helen McAteer Debtors. Robert M. Wood, Trustee. First Fidelity Bank, N.A.Court of Appeals for the First Circuit · 1993
- Acands, Inc. v. Travelers Casualty and Surety CompanyCourt of Appeals for the Third Circuit · 2006
- In Re Ronald A. Bradt, Debtor and Towne Lincoln-Mercury v. Woodlawn Auto Workers, F.C.U.Court of Appeals for the Second Circuit · 1985
- In Re Allied Digital Technologies, Corp.United States Bankruptcy Court, D. Delaware · 2004
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