Centre Insurance v. SNTL Corp. (In Re SNTL Corp.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
In this complicated and high-stakes case, we apply a somewhat obscure doctrine that involves the intersection of insolvency law principles and guaranty law, illustrating the temporal nature of a release of a guarantor when a voidable preference is recovered from the obligee. We also will be one of the first courts to address a question left unanswered by the Supreme Court earlier this year: May an unsecured creditor include attorneys’ fees incurred postpetition but arising from a prepetition contract as part of its unsecured claim?
Here a creditor contended…
2Cases cited28 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- In Re All Media Properties, Inc.United States Bankruptcy Court, S.D. Texas · 1980
- In Re Robert Burns Jensen Rosemary Tooker Jensen, Debtors. California Department of Health Services v. Robert Burns Jensen Rosemary Tooker JensenCourt of Appeals for the Ninth Circuit · 1993
- In Re Elmer FOBIAN and Elsie Fobian, Debtors. Elmer FOBIAN and Elsie Fobian, Appellants, v. WESTERN FARM CREDIT BANK, AppelleeCourt of Appeals for the Ninth Circuit · 1991
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3Cited by14 opinions
- SNTL Corp. v. Centre InsuranceCourt of Appeals for the Ninth Circuit · 2009
- Kilborn v. Haun (In Re Haun)United States Bankruptcy Court, D. Idaho · 2008
- Coles v. GlaserCalifornia Court of Appeal · 2016
- Feldman v. Chase Home Finance (In Re Image Masters, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2009
- Minority Voting Trust v. Orange County Nursery, Inc. (In Re Orange County Nursery, Inc.)District Court, C.D. California · 2010
9 more not listed; retrieve them via the Exa API.