IN RE COOPER

No. 88-20322.

104 B.R. 774 (1989)

In re Terry Curtis COOPER and Sandra Lynn Cooper, Debtors.

United States Bankruptcy Court, S.D. West Virginia.

September 15, 1989.


Attorney(s) appearing for the Case

Fred D. Clark, Charleston, W.Va., for GMAC.

Andrew S. Nason, Charleston, W.Va., for debtors.


MEMORANDUM ORDER GRANTING TO GENERAL MOTOR ACCEPTANCE CORPORATION ENTITLEMENT TO RETAIN REBATED UNEARNED INSURANCE PREMIUM

RONALD G. PEARSON, Bankruptcy Judge.

Issues before the Court are whether a security agreement grants a security interest in unearned insurance premiums sufficient to defend against the claim of a trustee in bankruptcy, and whether a premium financier may compel cancellation of an insurance policy to recover its collateral.

In 1985...

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