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.