Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)

Where the debtors’ proof of loss to an insurance company significantly exceeds the amounts and list of property included on the debtors’ Chapter 13 petition, it was appropriate to cancel the entire insurance policy.

Neidenbach v. Amica Mutual Insurance Company, 842 F.3d 560 (8th Cir., Nov. 16, 2016) (Kelly)

Case Summary

The Neidenbachs experienced a fire on their property. There was substantial damage to both their house and their personal property within the house. After the fire, the Neidenbachs submitted . . .

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Critical Case Comment – Creditor Not Required to Dismiss Prepetition Nonbankruptcy Action

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