- 11 U.S.C.
In re WL Homes LLC
May
16
2012
Ruling
Relief from stay denied where creditor insurance company did not establish right to setoff.
Procedural posture
Before the court was a Motion for Relief from the Automatic Stay filed by an insurance company. The company held roughly $2.2 million in insurance premium overpayments--called a "return premium"--that belonged to debtor under a pre-bankruptcy insurance policy. The chapter 7 trustee and some homeowners objected to the lift stay motion.
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Court
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