Legal Opinion

Settembre v. Fidelity & Guaranty Life Insurance

Court of Appeals for the Sixth Circuit

Decided January 7, 2009No. 08-5083PublishedCited by 13 opinions

1Opinion of the Court

OPINION

KETHLEDGE, Circuit Judge.

In this matter, the bankruptcy court granted the appellants (collectively, “Fidelity”) summary judgment on their complaint against the debtor, Fioravante Set-tembre, for denial of a discharge. The district court reversed and remanded the case for trial on Fidelity’s complaint. Fidelity now seeks review of the district court’s order.

I

Between August 2001 and July 2003, Settembre and a third party borrowed approximately $700,000 from Fidelity to fund a business venture called InsBanc, Inc. The venture apparently failed, and, on October 15, 2005, Settembre filed a…

2Cases cited7 opinions

  1. 33 Collier bankr.cas.2d 1174, Bankr. L. Rep. P 76,540 in Re Prudential Lines, Inc., Debtor. Lee Dicola, Trustee of the Pli Disbursement Trust, Asbestosis Represented by Maritime Asbestosis Legal Clinic, Intervenor-Plaintiff-Appellee v. American Steamship Owners Mutual Protection and Indemnity Association, Inc.Court of Appeals for the Second Circuit · 1995
  2. In the Matter of Francisco Lopez, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1997
  3. In Re Millers Cove Energy Company, Inc., Debtor. Millers Cove Energy Company, Inc. v. Ronald L. MooreCourt of Appeals for the Sixth Circuit · 1997
  4. Gardner v. Grange Mutual Casualty Co.Court of Appeals for the Sixth Circuit · 1987
  5. In Re: Tonya Mae Brown, Eugene and Anita Toivonen, and Doris Ann Berry, Debtors. Internal Revenue Service v. Henry Edward Hildebrand, Iii, TrusteeCourt of Appeals for the Sixth Circuit · 2001

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3Cited by13 opinions

  1. Huntington National Bank v. Richardson Ex Rel. Estate of Cyberco Holdings, Inc.Court of Appeals for the Sixth Circuit · 2013
  2. Lindsey v. Pinnacle National BankCourt of Appeals for the Sixth Circuit · 2013
  3. Argent Mortgage Co. v. Drown (In Re Bunn)Court of Appeals for the Sixth Circuit · 2009
  4. Fidelity & Guaranty Life Insurance v. Settembre (In Re Settembre)United States Bankruptcy Court, W.D. Kentucky · 2010
  5. Limor v. First National Bank (In Re Cumberland Molded Products, LLC)Bankruptcy Appellate Panel of the Sixth Circuit · 2010

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