Legal Opinion

Zurich American Insurance v. International Fibercom, Inc. (In Re International Fibercom, Inc.)

Court of Appeals for the Ninth Circuit

Decided September 12, 2007No. 05-16358PublishedCited by 114 opinions

1Opinion of the Court

HUG, Circuit Judge:

This case presents the question of whether a bankruptcy court may limit a prior order where the prior order granted relief not permitted by the Bankruptcy Code. Here, the bankruptcy court issued an order approving the assumption of a workers’ compensation insurance policy under § 365 of the Bankruptcy Code, 11 U.S.C. § 365. The' bankruptcy court later concluded that the assumption order violated § 365 because it allowed the assumption of a non-executory contract. Relying on Federal Rule of Civil Procedure 60(b)(6), applied to bankruptcy proceedings by Federal Rule of…

2Cases cited26 opinions

  1. Klapprott v. United StatesSupreme Court of the United States · 1949
  2. Elizabeth Albright Latshaw v. Trainer Wortham & Company, Inc., a Corporation Robert J. Vile, a Natural PersonCourt of Appeals for the Ninth Circuit · 2006
  3. Nicholas v. United StatesSupreme Court of the United States · 1966
  4. Community Dental Services, Dba Smilecare Dental Group v. Stuart Tani, DdsCourt of Appeals for the Ninth Circuit · 2002
  5. Shannon Casey v. Albertson's Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2004

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3Cited by114 opinions

  1. Ormsby v. First American Title Co.Court of Appeals for the Ninth Circuit · 2010
  2. Woods & Erickson, LLP v. Leonard (In Re AVI, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  3. Range Road Music, Inc. v. East Coast Foods, Inc.Court of Appeals for the Ninth Circuit · 2012
  4. Tammy Phillips v. Kevan GilmanCourt of Appeals for the Ninth Circuit · 2018
  5. Caviata Attached Homes, LLC v. U.S. Bank, National Ass'n (In Re Caviata Attached Homes, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012

109 more not listed; retrieve them via the Exa API.

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