1. Home
  2. Browse Decisions
  3. B.R.
  4. 270 B.R.
  5. 270 B.R. 749 (2001)
 

IN RE MADIGAN

BAP No. WW-01-1240-MaMoR. Bankruptcy No. 97-15323.

270 B.R. 749 (2001)

In re John Clifford MADIGAN, Jr., Debtor. Aetna U.S. Healthcare, Inc., Appellant, v. John Clifford Madigan, Jr.; John S. Peterson, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 6, 2001.

Attorney(s) appearing for the Case

Grant E. Courtney, Lane, Powell, Spears & Lubersky, Seattle, WA, for Aetna U.S. Healthcare, Inc.

Kevin R. Hansen, Wolfley Basden Hansen, P.S., Port Angeles, WA, for John Clifford Madigan, Jr.

Before: MARLAR, MONTALI, and RUSSELL, Bankruptcy Judges.

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

In this equitable recoupment case, we are asked to determine if there is a "logical relationship" between two long-term disability ("LTD") claims which were separated by an intervening bankruptcy petition. The debtor asserted that the insurer had violated his discharge injunction by adjusting his postpetition benefits in order to recover its prepetition overpayments. The bankruptcy court denied...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases