IN RE BROOKE CORPORATION

Case No. 08-22786, Jointly Administered, Adv. Nos. 10-06162, 10-06198, 10-06201, 10-06204, and 10-06209.

In Re BROOKE CORPORATION, et al., Chapter 7, Debtors. CHRISTOPHER J. REDMOND, Chapter 7 Trustee of Brooke Corporation, Brooke Capital Corporation, and Brooke Investments, Inc., Plaintiff, v. Hull & Co., Inc.(Adv. No. 10-06162); Graham Rogers, Inc. (Adv. No. 10-06162); Allied Group, Inc. d/b/a Allied Mutual Insurance Company (Adv. No. 10-06198); Dairyland Insurance Company (Adv. No. 10-06198); Explorer Insurance Company d/b/a ICW Group (Adv. No. 10-06198); Mendota Insurance Company (Adv. No. 10-06201); Peachtree Special Risk Brokers, LLC (Adv. No. 10-06204); Victoria Fire & Casualty Co. d/b/a Victoria Insurance Group d/g/a Titan Auto Insurance (Adv. No. 10-06209); United Underwriters, Inc. (Adv. No. 10-06209); and Universal Casualty Company (Adv. No. 10-06209), Defendants.

United States Bankruptcy Court, D. Kansas.

June 25, 2012.


MEMORANDUM OPINION AND ORDER DENYING MOTIONS TO DISMISS COMPLAINTS BASED UPON TRUST FUND DEFENSE

DALE L. SOMERS, Bankruptcy Judge.

Numerous insurance companies named as defendants in several materially identical adversary complaints1 filed by the Trustee of Debtors Brooke Corporation, Brooke Capital Corporation, and Brooke Investments, Inc. (collectively Debtors), move to dismiss the Complaints against them for preferential transfers...

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