Legal Opinion
In Re Newby
United States Bankruptcy Court, W.D. Missouri
Decided June 5, 2006No. 03-47741PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
JERRY W. VENTERS, Bankruptcy Judge.
This case comes before the Court on a motion to compel turnover of insurance proceeds filed by U.S. Bank N.A. (“Bank”). The insurance proceeds at issue derive from the former residence of the Debtors against which the Bank held a deed of trust. The Bank foreclosed its deed of trust last year, unaware that the property had been destroyed by a fire. The Bank now seeks payment of the entire amount of the mortgage debt without any reduction for the amount the Bank bid at the foreclosure sale. The Trustee and the Debtors object to the Bank’s…
2Cases cited7 opinions
- Northwestern National Insurance Co. v. MildenbergerMissouri Court of Appeals · 1962
- Prudential Insurance Co. of America v. German Mutual Fire InsuranceMissouri Court of Appeals · 1937
- Swihart v. Mo. Farmers Mut. T., C. W. Ins. Co.Missouri Court of Appeals · 1940
- Williams v. KimesSupreme Court of Missouri · 1999
- Travers v. Universal Fire & Casualty Insurance Co.Missouri Court of Appeals · 2000
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3Cited by2 opinions
- Vantage Investments, Inc. v. Loc Nguyen Corp. (In Re Vantage Investments, Inc.)United States Bankruptcy Court, W.D. Missouri · 2008
- Vestin Realty Mortgage I, Inc. v. Pickwick Partners, L.L.C.Missouri Court of Appeals · 2009