Legal Opinion
Asurion Insurance Services, Inc. v. Amp'd Mobile, Inc. (In Re Amp'd Mobile, Inc.)
United States Bankruptcy Court, D. Delaware
Decided November 9, 2007No. 19-10171PublishedCited by 12 opinions
1Opinion of the Court
OPINION 1
BRENDAN LINEHAN SHANNON, Bankruptcy Judge.
Before the Court is the question of whether funds collected by Amp’d Mobile, Inc. (“Amp’d” or the “Debtor”) from its customers for insurance on cellular equipment are held in trust for the benefit of Asurion Insurance Services, Inc. (“Asu-rion”) or are property of the Debtor’s estate within the meaning of section 541 of the Bankruptcy Code (the “Code”). For the reasons set forth below, the Court concludes that the funds in question are property of the Debtor’s estate and are not held in trust for the benefit of Asurion.
I. BACKGROUND
The Debtor…
2Cases cited12 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
- Crandon v. United StatesSupreme Court of the United States · 1990
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3Cited by12 opinions
- Official Committee of Unsecured Creditors v. Catholic Diocese of Wilmington, Inc. (In Re Catholic Diocese of Wilmington, Inc.)United States Bankruptcy Court, D. Delaware · 2010
- In Re LandAmerica Financial Group, Inc.United States Bankruptcy Court, E.D. Virginia · 2009
- Millard Refrigerated Services, Inc. v. Landamerica 1031 Exchange Services, Inc.United States Bankruptcy Court, E.D. Virginia · 2009
- Vess Oil Corp. v. SemCrude, L.P. (In re SemCrude, L.P.)United States Bankruptcy Court, D. Delaware · 2009
- Halperin v. Moreno (In re Green Field Energy Servs., Inc.)United States Bankruptcy Court, D. Delaware · 2018
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