IN RE INTERNATIONAL FIBERCOM, INC.

No. 05-16358.

503 F.3d 933 (2007)

In re INTERNATIONAL FIBERCOM, INC., Debtor. Zurich American Insurance Company, Appellant, v. International Fibercom, Inc., an Arizona corporation; Maureen Gaughan, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2007.


Attorney(s) appearing for the Case

Karen Lee Turner, Eckert Seamans Cherin & Mellott, LLC, Philadelphia, PA, for the appellant.

Steven J. Brown, Steve Brown & Associates, LLC, Phoenix, AZ, for the appellees.

Before: PROCTER HUG, JR., PAMELA ANN RYMER, and RAYMOND C. FISHER, Circuit Judges.


HUG, Circuit Judge:

This case presents the question of whether a bankruptcy court may limit a prior order where the prior order granted relief not permitted by the Bankruptcy Code. Here, the bankruptcy court issued an order approving the assumption of a workers' compensation insurance policy under § 365 of the Bankruptcy Code, 11 U.S.C. § 365. The bankruptcy court later concluded that the assumption order violated § 365 because it allowed the assumption...

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