Legal Opinion

Dwyer v. Insurance Co. of Pennsylvania (In re Pihl, Inc.)

United States Bankruptcy Court, D. Massachusetts

Decided September 26, 2016No. Case No. 13-15575-MSH; Adversary Proceeding No. 13-1384PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

Melvin S. Hoffman, U.S. Bankruptcy Judge

Kathleen P. Dwyer, the chapter 7 trustee of the estate of Pihl, Inc., the debtor in the main case, initiated this adversary proceeding by filing a six-count complaint against the Insurance Company of the State of Pennsylvania (“ICSP”) and American International Companies (“AIC,” and collectively with ICSP, the “Sureties”) seeking to set aside and recover certain alleged preferential transfers (counts IIV) and for a turnover order and injunctive relief (counts I and IV) with respect to certain funds held by the third defendant,…

2Cases cited34 opinions

  1. Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
  2. Perez Ruiz v. Crespo GuillenCourt of Appeals for the First Circuit · 1994
  3. Balboa Insurance Company v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  4. The National Shawmut Bank of Boston v. New Amsterdam Casualty Co., Inc.Court of Appeals for the First Circuit · 1969
  5. Union Mutual Life Insurance Company v. Chrysler Corporation, Union Mutual Life Insurance Company v. Chrysler Corporation, Appeal of Computer Systems of America, Inc., Union Mutual Life Insurance Company v. Chrysler CorporationCourt of Appeals for the First Circuit · 1986

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3Cited by3 opinions

  1. In re: Builders Holding Co., Corp., Noreen Wiscovitch Rentas, Trustee for the Estate of Builders Holdings Co., Corp. v. Oriental Bank and the Puerto Rico Financing Authority; Mapfre Praico Insurance Company and Endurance Assurance v. Oriental Bank, Builders Holding Co., Corp., and the Puerto Rico Financing Authority; Oriental Bank v. Builders Holding Co., and Mapfre Praico Insurance Company and Endurance AssuranceUnited States Bankruptcy Court, D. Puerto Rico · 2026
  2. Johns, Trustee v. Western Surety CompanyUnited States Bankruptcy Court, S.D. West Virginia · 2019
  3. Kappa Dev. & General Contracting Inc. v. Hanover Ins. Co. (In re Kappa Dev. & General Contracting Inc.)United States Bankruptcy Court, S.D. Mississippi · 2017

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