· 6/3/2010
Overton's, Inc. v. Interstate Fire & Casualty Insurance (In Re SportStuff, Inc.)
Citations
- 430 B.R. 170
- 2010 Bankr. LEXIS 1636
- 53 Bankr. Ct. Dec. (CRR) 61
- 2010 WL 2196258
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing bankruptcy court’s approval of settlement with insurance carrier as not “fair and reasonable,” in part, because additional insureds did not consent or receive adequate compensation
- reversing bankruptcy court’s approval of settlement with insurance carrier as not “fair and reasonable,” in part, because additional insureds did not consent or receive adequate compensation
- bankruptcy court lacked jurisdiction or authority to impair or extinguish independent contractual rights of vendors that were additional insureds under the debtor's policies
- settlement motion cannot be used to deprive non-settling party of its rights to be heard on the merits of its claims against settling party.
- “The opportunity to object to a settlement does not take the place of a trial on the merits [... ] litigants with pending claims [... ] had the right to a trial on the merits, inasmuch as Fed. R. Bank. P. 7001(7
Source: CourtListener parenthetical corpus (CC0).
Judges: Schermer, Federman, Venters
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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