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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.