- 11 U.S.C.
In re Van Stelle
Oct
04
2006
Ruling
Insurance proceeds from totalled vehicle were not property of the estate and could not be used to purchase replacement vehicle without creditor's consent.
Procedural posture
Before bankruptcy debtors'chapter 13 plan was confirmed, the debtors'vehicle which was subject to a security interest was in an accident and declared a total loss. After the plan was confirmed, the bankruptcy trustee received an insurance settlement check, payable to both the debtors and the secured creditor, and the debtors moved for leave to use the insurance proceeds to purchase a replacement vehicle.
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Court
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