DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
106058P.pdf 01/28/2011 Joseph Terry v. Standard Insurance Company
U.S. Court of Appeals Case No: 10-6058
U.S. Bankruptcy Court for the Western District of Missouri - Joplin
[PUBLISHED] [Kressel, Author, with Saladino and Nail, Bankruptcy
Judges]
Bankruptcy Appellate Panel. 11 U.S.C. Sec 502(h) does not limit the
insurer's rights to claim against the bankruptcy estate; the case is
remanded to the bankruptcy court to determine whether the equities favor
allowing Standard to recoup the debtor's overpayment from the debtor's
post-petition benefits. Judge Saladino, dissenting.