Legal Opinion

Sentinel Trust Corp. v. Newcare Health Corp. (In Re Newcare Health Corp.)

Bankruptcy Appellate Panel of the First Circuit

Decided February 4, 2000No. BAP MW 99-097PublishedCited by 16 opinions

1Opinion of the Court

SARA E. DeJESUS, Chief Judge.

Sentinel Trust Company (Sentinel), appeals a ruling by the. Bankruptcy Court for the Western District of Massachusetts, which held that Sentinel lacks standing to pursue its emergency motion compelling the Examiner and Debtor “... to account for and turn over all cash collateral”. On appeal Sentinel argues that it has standing to pursue its claim under 11 U.S.C. § 1109(b)(2) and Fed.R.Bank.P.2018, 7071. Because Sentinel’s assertions of standing are barred by “prudential standing rules,” we affirm.

BACKGROUND

Newcare Health Corp. and various affiliated entities…

2Cases cited7 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. United States of America v. Avx Corporation, National Wildlife Federation, IntervenorCourt of Appeals for the First Circuit · 1992
  3. Lydia Libertad v. Father Patrick WelchCourt of Appeals for the First Circuit · 1995
  4. Harley-Davidson Motor Co., Inc., and Itt Commercial Finance Corp. v. Bank of New England--Old Colony, N.A.Court of Appeals for the First Circuit · 1990
  5. Benjamin v. Aroostook Medical Center, Inc.Court of Appeals for the First Circuit · 1995

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In Re MinbatiwallaUnited States Bankruptcy Court, S.D. New York · 2010
  2. Correia v. Deutsche Bank National Trust Co. Ex Rel. Pooling & Servicing Agreement Series ITF INABS-2005-A (In Re Correia)Bankruptcy Appellate Panel of the First Circuit · 2011
  3. Lussier v. Sullivan (In Re Sullivan)Bankruptcy Appellate Panel of the First Circuit · 2011
  4. In Re AlmeidaUnited States Bankruptcy Court, D. Massachusetts · 2009
  5. Warchol v. Barry (In Re Barry)Bankruptcy Appellate Panel of the First Circuit · 2011

11 more not listed; retrieve them via the Exa API.

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