In the Matter of Lewis Anson David Edgeworth, M.D., Debtor. Donna Elaine Houston v. Lewis Anson David Edgeworth, M.D.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the discharge injunction does not prevent a tort litigant from establishing the liability of the debtor to enable the insurer to become contractually obligated to make payment
• holding that “allowing commencement or continuation of such actions [against debtor following a bankruptcy discharge] does not inequitably burden the debtor even though the debtor may spend time attending depositions and trial
• stating that “when the debtor has no legally cognizable claim to the insurance proceeds, those proceeds are not property of the estate”
• “Acknowledging that the debtor owns the policy, however, does not end the inquiry. The question is not who owns the polic[y], but who owns the liability proceeds.”
• “Acknowledging that the debtor owns the policy, however, does not end the inquiry. The question is not who owns the polic[y], but who owns the liability proceeds.”
• noting that Section 524(a) does not bar a suit against a discharged debtor as a nominal defendant for the purposes of establishing “the liability of liability insurers”

Source: CourtListener parenthetical corpus (CC0).