Legal Opinion

Benz v. DTRIC Insurance (In Re Benz)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 28, 2007No. BAP No. HI-06-1274-MoBK, Bankruptcy No. 05-04020PublishedCited by 4 opinions

1Opinion of the Court

OPINION

DENNIS MONTALI, Bankruptcy Judge.

Debtors, defendants in a pre-petition lawsuit pertaining to their former residence, tendered defense of that action to their insurer. After the petition date, the insurer informed the debtors that it would no longer provide a defense to the lawsuit, stating that the claims in the state court lawsuit were excluded from the coverage of their homeowners’ policy. The debtors filed a contempt motion against the insurer, arguing that the withdrawal of the defense and the communication thereof violated the automatic stay. The bankruptcy court denied the…

2Cases cited10 opinions

  1. In Re Computer Communications, Inc., Debtor. Computer Communications, Inc. v. Codex CorporationCourt of Appeals for the Ninth Circuit · 1987
  2. In Re The Minoco Group Of Companies, Ltd.Court of Appeals for the First Circuit · 1986
  3. In Re Coupon Clearing Service, Inc.Court of Appeals for the Ninth Circuit · 1997
  4. White Motor Corp. v. Nashville White Trucks, Inc. (In Re Nashville White Trucks, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1980
  5. In Re Charles C. GardenhireCourt of Appeals for the Ninth Circuit · 2000

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  2. United Air Lines, Inc. v. City of Los Angeles (In re UAL Corp.)United States Bankruptcy Court, N.D. Illinois · 2008
  3. In Re Ual Corp.United States Bankruptcy Court, N.D. Illinois · 2008
  4. Rahul Dev ManchandaUnited States Bankruptcy Court, S.D. New York · 2025

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