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In re Dotson (Case No. 05-71314) 08/30/2007

Regarding an insurance payout from a policy held by the debtor on an automobile destroyed post-petition, the Court granted the debtor’s motion to disburse insurance proceeds, denied creditor’s motion to direct the Chapter 13 trustee to pay insurance proceeds to secured creditor, and denied the creditor’s motion for relief from stay because (1) the Chapter 13 trustee is the loss payee on the insurance policy, (2) the insurance policy is property of the estate under 11 U.S.C. § 541(a) because it was held pre-petition, (3) the creditor failed to establish that it has a perfected security interest in the insurance policy or its proceeds, (4) as held in American Bankers Ins. Co. v. Maness (In re Houska), 101 F.2d 358 (4th Cir. 1996), casualty insurance proceeds upon property are proceeds of the insurance policy rather than proceeds of the insured property, and (5) the insurance payout should be limited to the unpaid balance of the creditor’s secured claim according to the terms of the confirmed Chapter 13 plan rather than paid to the full extent of the unpaid balance on the contract.

Date: 
Thursday, August 30, 2007
Category: 
Burden of Proof
Property of the Estate
Relief from Stay
Chapter: 
13