1. Home
  2. Browse Decisions
  3. B.R.
  4. 453 B.R.
  5. 453 B.R. 760 (2011)
 

IN RE TERRY

Bankruptcy No. 08-43123. Adversary No. 09-3031.

453 B.R. 760 (2011)

In re Joseph Warren TERRY, Debtor. Joseph Warren Terry, Plaintiff, v. Standard Insurance Company, Defendant.

United States Bankruptcy Court, W.D. Missouri, Southwest Division.

April 13, 2011.

Attorney(s) appearing for the Case

J. Kevin Checkett , Checkett & Pauly, Carthage, MO, for Plaintiff.

David D. Farrell , Thompson Coburn LLP, Seth A. Albin , Stewart, Mittleman, Heggie & Henry, St Louis, MO, Norman Rouse , Collins, Webster & Rouse, Joplin, MO, for Defendant.

MEMORANDUM OPINION

JERRY W. VENTERS, Bankruptcy Judge.

On July 21, 2010, the Court entered a declaratory judgment in favor of the Debtor/Plaintiff, Joseph Terry, finding that Defendant Standard Insurance Company could not recoup $45,316.54 in pre-petition benefit "overpayments" from the Debtor's future disability payments. The Court denied Standard's right of recoupment primarily on the basis of 11 U.S.C. § 502(h),1

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