Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), s. 10–56543
Decision Date | 24 January 2012 |
Docket Number | 10–56622.,Nos. 10–56543,s. 10–56543 |
Citation | 12 Cal. Daily Op. Serv. 939,671 F.3d 980,66 Collier Bankr.Cas.2d 1546,2012 Daily Journal D.A.R. 968,55 Bankr.Ct.Dec. 278 |
Parties | In the Matter of THORPE INSULATION COMPANY, Debtor,Motor Vehicle Casualty Company; Central National Insurance Company of Omaha; Century Indemnity Company, successor to Cigna Specialty Insurance Company, fka California Union Insurance Company, Appellants, v. Thorpe Insulation Company; Pacific Insulation Company, Appellees,National Fire Insurance Company of Hartford, as successor by merger to Transcontinental Insurance Company; Continental Insurance Company, as successor in interest to certain policies issued by Harbor Insurance Company; Official Committee of Unsecured Creditors, of Thorpe Insulation Company and Pacific Insulation Company; Charles B. Renfrew, Real Parties in Interest.In the Matter of Thorpe Insulation Company, Debtor,National Fire Insurance Company of Hartford, as successor by merger to Transcontinental Insurance Company; Continental Insurance Company, as successor in interest to certain policies issued by Harbor Insurance Company, Appellants, v. Thorpe Insulation Company; Pacific Insulation Company, Appellees,Central National Insurance Company of Omaha; Motor Vehicle Casualty Company; Century Indemnity Company, successor to Cigna Specialty Insurance Company, fka California Union Insurance Company; Official Committee of Unsecured Creditors, of Thorpe Insulation Company and Pacific Insulation Company; Charles B. Renfrew, Administrative Law Judge, Real Parties in Interest. |
Court | U.S. Court of Appeals — Ninth Circuit |
Editor's Note: The opinion of the United States Court of Appeals, Ninth Circuit, in In re Thorpe Insulation Co., published in the advance sheet at this citation, 671 F.3d 980, was withdrawn from the bound volume because it was amended on denial of rehearing en banc. For substituted opinion, see 2012 WL 1089503.
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In re Federal–Mogul Global Inc.
...Code's authorization to preempt anti-assignment policy provisions.”); see also Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 671 F.3d 980, 1000 (9th Cir.2012) (citing Combustion Engineering for the proposition that “Congress has expressly preempted Appellant......
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Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.)
...and RICHARD SEEBORG, District Judge.*ORDER The opinion in the above-captioned matter filed on January 24, 2012, and found at 2012 WL 178998, 55 Bankr.Ct. Dec. 278, is amended as follows: At slip opinion page 671, line 29, delete the following two sentences: claimants. This is not half, let ......
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Exit 282A Dev. Co. v. Worrix, 3:12-CV-939-BR
...also adhered to a set of prudentialprinciples that bear on the question of standing.'" Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 671 F.3d 980, 998 (9th Cir. 2012)(citing Bennett v. Spear, 520 U.S. 154, 162 (1997). "One of these prudential requirements is......
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Sitanggang v. McIntyre (In re Sitanggang)
...As an appellate court, our jurisdiction is limited to actual cases and controversies. Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 671 F.3d 980, 990 (9th Cir. 2012) (citing U.S. Const. art. III, § 2, cl. 2.). "The test for mootness of an appeal is whether t......
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Notable Business Bankruptcy Decisions Of 2012
...is often invoked in an effort to preclude appellate review of an order confirming a chapter 11 plan. In In re Thorpe Insulation Co., 671 F.3d 980 (9th Cir. 2012), amended and superseded on denial of rehearing en banc, 677 F.3d 869 (9th Cir. 2012), the Ninth Circuit, in a matter of first imp......
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Second Circuit Rules That Equitable Mootness Applies In Chapter 11 Liquidations As Well As Reorganizations
...(In re Grimland, Inc.), 243 F.3d 228 (5th Cir. 2001); Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 671 F.3d 980 (9th Cir. 2012), amended and superseded on denial of rehearing en banc, 677 F.3d 869 (9th Cir. 2012). In In re Philadelphia Newspapers, LLC, 690 ......
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In Re Charter Communications: Driving The Equitable Mootness Wedge Deeper?
...Circuits' equitable mootness rulings in In re Philadelphia Newspapers, LLC, 690 F.3d 161 (3d Cir. 2012), and In re Thorpe Insulation Co., 671 F.3d 980 (9th Cir. 2012), amended and superseded on denial of rehearing en banc, 677 F.3d 869 (9th Cir. 2012), the Second Circuit issued its own deci......
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The Ninth Circuit Reins In The Equitable Mootness Doctrine
...(In re Grimland, Inc.), 243 F.3d 228 (5th Cir. 2001); Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 671 F.3d 980 (9th Cir. 2012), amended and superseded on denial of rehearing en banc, 677 F.3d 869 (9th Cir. 2012). In In re Philadelphia Newspapers, LLC, 690 ......
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