Intertek USA, Inc. v. Caribbean Petroleum Corp. (In Re Caribbean Petroleum Corp.)

OPINION

KRAUSE, Circuit Judge.

The central issue in this appeal by Inter-tek USA, Inc. (“Intertek”) is whether the plain language of two orders of the Bankruptcy Court gives priority to tort claimants above other general unsecured creditors in the distribution of certain insurance proceeds in the bankruptcy of Caribbean Petroleum Corporation. Intertek contends that, because Puerto Rican law gives tort claimants the right to file a direct action against the insurer, and because one of the Bankruptcy Court’s orders indicated that their claims would “survive” and be “channeled” to the proceeds of…