Legal Opinion
In Re Lord
United States Bankruptcy Court, D. Massachusetts
Decided October 16, 2002No. 19-10551PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
JOEL B. ROSENTHAL, Bankruptcy Judge.
Before the Court for determination is 1) an insurance company’s objection to the Debtor’s claimed exemption, under 11 U.S.C. Section 522(d)(10)(E), of the right to receive benefit payments under a disability benefit insurance policy; and 2) the Debtor’s claim that the insurance company’s withholding of post-petition benefits to recover pre-petition overpayments is a set-off undertaken in violation of the automatic stay. The insurance company as serts its recovery of overpayments is recoupment and therefore not covered by the automatic…
2Cases cited5 opinions
- 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
- United States v. Consumer Health Services of America, Inc. And Roger Schlossberg, TrusteeCourt of Appeals for the D.C. Circuit · 1997
- Aetna Life Insurance v. Bram (In Re Bram)United States Bankruptcy Court, E.D. Texas · 1995
- First Union National Bank of Florida v. Abbey Financial Corp. (In Re Abbey Financial Corp.)United States Bankruptcy Court, D. Massachusetts · 1996
- In Re GravesUnited States Bankruptcy Court, M.D. Florida · 1999
3Cited by2 opinions
- City of Fort Collins v. Gonzales (In Re Gonzales)United States Bankruptcy Court, D. Colorado · 2003
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