Summary
holding that anti-assignment provisions barring transfer to a trust are impliedly preempted because they are an “obstacle to the accomplishment and execution of the full purposes and objectives of Congress” in enacting § 524(g)
Summary of this case from In re Federal–Mogul Global Inc.Opinion
Nos. 10–56543 10–56622.
2012-01-24
In 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.
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Ninth Circuit, in In re Thorpe Insulation Co., published in the advance sheet at this citation, 671 F.3d 980, was withdrawn from the bound volume because it was amended on denial of rehearing en banc.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.