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IN RE BERGMAN

No. 05-4312.

467 F.3d 536 (2006)

In re: Ernest R. BERGMAN; Shirley E. Bergman, Debtors. Bruce Comly French, Trustee for the Debtor Estate of Ernest Bergman and Shirley E. Bergman, Plaintif-Appellant, v. Steve Frey; Anthem Blue Cross and Blue Shield; German Mutual Insurance Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 27, 2006.

Attorney(s) appearing for the Case

ON BRIEF: Bruce Comly French, Lima, Ohio, Ryan Q. Ashworth, Ada, Ohio, for Appellant. Louis F. Solimine, Thompson Hine, Cincinnati, Ohio, Curtis L. Tuggle, Thomson Hine, Cleveland, Ohio, for Appellees.

Before: MERRITT and MOORE, Circuit Judges; COLLIER, Chief District Judge.

OPINION

MERRITT, Circuit Judge.

On March 23, 2003, prior to filing bankruptcy, Ernest and Shirley Bergman were involved in an automobile accident. The Bergmans' medical insurer, Anthem Blue Cross and Blue Shield provided coverage for approximately $3,000 in medical expenses incurred by the couple arising from the accident. After the Bergmans filed a Chapter 7 bankruptcy petition, the trustee initiated a personal injury lawsuit on behalf of the debtor estate...

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