08 B 01187

The movant, the Official Committee of Unsecured Creditors of Hearthside Baking Co., Inc. (the “Committee”), sought entry of an order directing the Debtor to surrender an insurance policy indemnifying the life of one of the Debtor’s principals. After hearing, the Court held that the policy belonged to a third-party and not the Debtor, precluding the Committee’s requested relief. Further, it was noted that under Federal Rule of Bankruptcy Procedure 7001(2), such relief could not be granted via a motion. The Committee’s motion was denied.