United States Third Circuit

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