Aetna Life & Casualty Co. v. LaPierre (In Re LaPierre)
United States Bankruptcy Court, D. South Carolina
1Opinion of the Court
ORDER
JOHN E. WAITES, Bankruptcy Judge.
THIS MATTER comes before the Court upon an adversarial proceeding filed by Aet-na Life & Casualty Company (“Aetna”) seeking a determination as to whether it is entitled to a recoupment of pre-petition over-payments under a disability insurance policy from post-petition payments to one of the joint debtors, Cecilia E. LaPierre (“La-Pierre”), and if so, what is the amount subject to that recoupment.
In this proceeding, Aetna takes the position that according to the disability insurance policy and related Reimbursement Agreement, it is entitled to reduce the…
2Cases cited16 opinions
- Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
- In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
- In the Matter of Randall B. Neavear, Debtor. Randall B. Neavear v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1982
- In Re Yonkers Hamilton Sanitarium Inc.United States Bankruptcy Court, S.D. New York · 1982
- Cleda D. Bush v. Alvin G. Taylor and Barbara F. TaylorCourt of Appeals for the Eighth Circuit · 1990
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3Cited by3 opinions
- Aetna U.S. Healthcare, Inc. v. Madigan (In Re Madigan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- Georgetown Steel Co. v. Capital City Insurance (In Re Georgetown Steel Co.)United States Bankruptcy Court, D. South Carolina · 2004
- Finch v. Unum Life Insurance Co. of AmericaDistrict Court, D. Minnesota · 2006