LTC Holdings, Inc., In re--Giuliano v. Ins. Co. of the Pa.
Aug
18
2021
Ruling
Subrogee's subrogation rights were subordinate to the United States' claims that were notpaid in full when settlement was approved. (3d Cir.)[1]-The United States was not yet paid "in full" when the Bankruptcy Court approved the SettlementOrder. Thus, pursuant to 11 U.S.C. § 509(c), the subrogee's subrogation rights were subordinate to theUnited States' remaining and superior claim at the time of the settlement; [2]- The United States wastherefore entitled to waive its setoff rights to satisfy its own claim, and the waiver extinguished thesubrogee's ability to be subrogated to those rights.LTC Holdings, Inc., In re--Giuliano v. Ins. Co. of the Pa., 2021 U.S. App. LEXIS 24643 (3d Cir. August 18, 2021)(Smith, C.C.J.).
Issue(s)
Claims of Codebtors; Subordination to Creditor’s Claim.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Glaspell, In re--Glaspell v. United States
Jan
20
2021
Ruling
Debtor's second amended complaint failed to state a claim upon which relief could be grantedas she failed to adequately plead, nor could she support, any viable legal claim to equitablesubrogation. (Bankr. N.D. W. Va.)
Issue(s)
Claims of Codebtors.
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Court
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Judge or Jurisdiction information not available
Glaspell, In re--Glaspell v. United States
Aug
07
2020
Ruling
Debtor’s complaint for reimposition of the automatic stay denied and subrogation of creditor’sclaim against the estate was not available as debtor and the estate were not co-debtors. (Bankr.N.D. W. Va.)
Issue(s)
Claims of Codebtors; Subrogation.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Dwyer v. Ins. Co. (In re Pihl, Inc.)
Sep
26
2016
Ruling
Sureties’ equitable subrogation claim arose when the sureties became legally obligated. (Bankr.D. Mass.)
Issue(s)
Did sureties’ equitable subrogation claim arise upon making payments or upon incurring a legal obligation to pay?
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Court
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- 11 U.S.C.
In re Morrison
Aug
02
2016
Ruling
Creditor that paid loan in full subrogated to lender’s claim. (Bankr. D. Mass.)
Issue(s)
After creditor paid a debt on which both he and the the debtors were guarantors, was creditor subrogated to the lender's position against the debtors, including the lender's third mortgage position on the debtors' home?
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Court
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- 11 U.S.C.
In re Ariana Energy LLC
Oct
30
2015
Ruling
Creditor's subrogation claim disallowed absent proof of status as guarantor of debtor's performance under transportation agreement.
Issue(s)
Was creditor entitled to a subrogation claim as an alleged guarantor of debtor's transportation agreement?
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Court
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In re Scott
Sep
10
2009
Ruling
Debtor was not entitled to reimbursement by trustee from estate's share of lawsuit settlement proceeds to make up for garnishment by bank from debtor's own share of proceeds.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed objections to the debtor's claims that a tort claim and a workers' compensation claim he possessed were exempt property, but reached a settlement with the debtor. After the court approved the settlement, the debtor sought relief from the terms of the court's order.
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Court
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CIT GroupEquipment Fin. Inc. v. Airport Shuttle Inc.
Jul
25
2007
Ruling
Guarantors protected from excessive recovery by creditor participating in obligor's bankruptcy.
Procedural posture
Plaintiff leasing company sued defendants, two guarantors, after a tour company defaulted on two master lease agreements. The leasing company had leased motor coaches to a touring company. The leasing company sought summary judgment on two Louisiana guaranty agreements.
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Court
:
- 11 U.S.C.
Fibreboard Corp. v. Celotex Corp. (In re Celotex Corp.)
Dec
20
2006
Ruling
Party primarily responsible for asbestos injury was not entitled to subrogation against debtor.
Procedural posture
Plaintiff corporation appealed a summary judgment issued by the District Court for the Middle District of Florida that affirmed a bankruptcy court's determination that plaintiff could not bring a subrogation claim against defendant debtor in bankruptcy proceedings under either 11 U.S.C. § 509(b)(2) of the Bankruptcy Code or Florida common law.
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In re Applause LLC
Feb
23
2006
Ruling
Court deemed that subrogee's claim was not subrogated to lessor's claim and subrogee was entitled to priority claim.
Procedural posture
Lessor filed a claim for unpaid future rents arising from the debtor's breach and rejection of a lease. Subrogee also filed a claim for repayment of its prior payments on a letter of credit it posted in favor of the lessor to cover the debtor's nonpayment, plus miscellaneous contractual damages. The debtor objected to both proofs of claim. Subsequently, the lessor and the debtor stipulated to a proof of claim in the amount of $800,000.
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Court
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