Matter of Edgeworth
United States Court of Appeals for the Fifth Circuit
993 F.2d 51 (1993)
- Written by Rose VanHofwegen, JD
Facts
Christine Genson died while under the care of Dr. Lewis Edgeworth (debtor). A month later, Edgeworth filed for bankruptcy. Genson’s daughter Donna Houston and other family members did not participate in the bankruptcy proceedings. After Edgeworth obtained a discharge, the bankruptcy court approved the family’s filing of a medical-malpractice claim in state court to establish Edgeworth’s liability and collect from his liability insurer. Shortly afterward, Edgeworth convinced the bankruptcy court to reverse itself and enjoin the family’s lawsuit even though Edgeworth had not asserted that his insurer had denied coverage, that he would have to pay the costs of defense, or that the insured was defending under a reservation of rights. The district court affirmed, and the family appealed to the Fifth Circuit.
Rule of Law
Issue
Holding and Reasoning (Jones, J.)
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