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Great Am. Ins. Co. v. Bally Total Fitness of Greater N.Y. (In re Bally Total Fitness of Greater N.Y.)

Great Am. Ins. Co. v. Bally Total Fitness of Greater N.Y. (In re Bally Total Fitness of Greater N.Y.)

Ruling
Funds advanced by insurance company with directors' and officers' policies were property of the estate where there was no implied trust created.
Procedural posture

Insurer filed a complaint against debtor seeking a declaratory judgment that funds advanced by the insurer to the debtor under various directors' and officers' liability insurance policies and an interim fee agreement were not property of the bankruptcy estate under 11 U.S.C.S. § 541. The debtor moved to dismiss.

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Commercial opinion summary, case decided on March 27, 2009 , LexisNexis #0509-119