United States Third Circuit

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In re Federal-Mogul Global Inc., 09-2230

In chapter 11 bankruptcy proceedings in which the debtor sought to transfer rights under insurance liability policies to a personal injury trust set up to resolve asbestos-related liability, the lower courts' rejection of the insurance companies' objection to the plan's confirmation is affirmed, where the anti-assignment provisions in the insurance policies were preempted by the Bankruptcy Code at 11 USC section 1123(a)(5)(B) to the extent they purported to prohibit transfer to a trust set up under 11 USC section 524(g).

Appellate Information

  • Decided 05/01/2012
  • Published 05/01/2012

Judges

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Danielle M. Spinelli, Peter Van N. Lockwood

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