Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), s. 10–56543

Decision Date24 January 2012
Docket Number10–56622.,Nos. 10–56543,s. 10–56543
Citation12 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
PartiesIn 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.
CourtU.S. Court of Appeals — Ninth Circuit
OPINION TEXT STARTS HERE

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Ninth Circuit, in In re Thorpe Insulation Co., published in the advance sheet at this citation, 671 F.3d 980, was withdrawn from the bound volume because it was amended on denial of rehearing en banc.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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4 cases
  • In re Federal–Mogul Global Inc.
    • United States
    • U.S. Court of Appeals — Third Circuit
    • May 1, 2012
    ...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......
  • Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.)
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • April 3, 2012
    ...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 ......
  • Exit 282A Dev. Co. v. Worrix, 3:12-CV-939-BR
    • United States
    • U.S. District Court — District of Oregon
    • November 13, 2013
    ...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......
  • Sitanggang v. McIntyre (In re Sitanggang)
    • United States
    • U.S. Bankruptcy Appellate Panel, Ninth Circuit
    • October 22, 2013
    ...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......
5 firm's commentaries
  • Notable Business Bankruptcy Decisions Of 2012
    • United States
    • Mondaq United States
    • February 12, 2013
    ...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......
  • Second Circuit Rules That Equitable Mootness Applies In Chapter 11 Liquidations As Well As Reorganizations
    • United States
    • Mondaq United States
    • February 6, 2015
    ...(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 ......
  • In Re Charter Communications: Driving The Equitable Mootness Wedge Deeper?
    • United States
    • Mondaq United States
    • December 20, 2012
    ...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......
  • The Ninth Circuit Reins In The Equitable Mootness Doctrine
    • United States
    • Mondaq United States
    • November 18, 2015
    ...(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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