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United States First Circuit


BANCO BILBAO VIZCAYA ARGENTARIA v. FAMILY RESTAURANTS, INC., 01-9014

Although the Supreme Court's decision in Hartford Underwriters Ins. Co. v. Union Planters Bank, N.A., 530 U.S. 1 (2000), would appear to negate third-party standing to bring a claim under Bankruptcy Code section 506(c), it did not require disturbance of the bankruptcy court's judgment here, because the rents and related costs awarded to plaintiff, a third-party claimant, were also incorporated within the cross-claims filed by the trustee, who unquestionably had standing to pursue such relief.

Appellate Information

  • Decided 04/02/2002
  • Published 04/02/2002

Judges

  • COFFIN, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and SELYA, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Wanda I. Luna-Martinez, with whom Montanez & Alicea Law Offices was on brief, for appellant.

  • For Appellees:
  • Ramon Torres Rodriguez for plaintiffs-appellees., Wigberto Lugo Mender for defendant-appellee.
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