Hovis v. New Hampshire Insurance (In re Larymore)

MEMORANDUM AND ORDER

J. BRATTON DAYIS, Chief Judge.

The plaintiff, who is the trustee in the above captioned case, brought this adversary proceeding seeking, inter alia, a determination of the rights of the several defendants to insurance proceeds paid as a result of a fire that destroyed certain assets of the bankruptcy estate.

FACTS

1. The plaintiff seeks: (1) a declaratory judgment regarding the rights of the parties to the insurance proceeds pursuant to 28 U.S.C. § 2201 (1984); (2) the turnover of property of the estate pursuant to 11 U.S.C. § 542(b);1 and (3) a determination, pursuant to §…