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Central States, Southeast & Southwest Areas Pension Fund v. Robbins (In Re Interstate Motor Freight System IMFS, Inc.)

United States Bankruptcy Court, W.D. Michigan

Decided April 3, 1987No. 18-01877PublishedCited by 34 opinions

1Opinion of the Court

OPINION

LAURENCE E. HOWARD, Bankruptcy Judge.

STANDING TO BRING A CLAIM UNDER 11 U.S.C. § 506(c)

The defendants have brought a motion to dismiss Count I of the plaintiffs’ complaint on the grounds that the plaintiffs have no standing to bring a motion pursuant to 11 U.S.C. § 506(c).

The plaintiffs are employee benefits funds that covered the debtors’ employees. The defendant banks and insurance companies were the debtors’ secured lenders. The plaintiffs allege that during the debtors’ Chapter 11 proceeding the debtors executed certain actions (e.g. marshalling of collateral, etc.) which benefited…

2Cases cited26 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Richards v. United StatesSupreme Court of the United States · 1962
  3. Ford Motor Credit Company v. Robert L. Weaver, John C. Weaver and Sons and Weaver Farms, DefendantsCourt of Appeals for the Sixth Circuit · 1982
  4. 15 Collier bankr.cas.2d 563, Bankr. L. Rep. P 71,437 in Re McKeesport Steel Castings Company. In Re McKeesport Steel Castings Company, Debtor. Equitable Gas Co. v. Equibank N.A., Condec Corporation. Appeal of Equitable Gas Company, a Division of Equitable Resources, Inc., MovantCourt of Appeals for the Third Circuit · 1986
  5. In Re Codesco, Inc.United States Bankruptcy Court, S.D. New York · 1982

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3Cited by34 opinions

  1. In Re Jkj Chevrolet, Incorporated, Debtor. Ford Motor Credit Company v. Reynolds & Reynolds Company, and Reyna Financial CorporationCourt of Appeals for the Fourth Circuit · 1994
  2. Boyd v. Dock's Corner Associates (In Re Great Northern Forest Products, Inc.)United States Bankruptcy Court, W.D. Michigan · 1991
  3. In Re Mechanical Maintenance, Inc.District Court, E.D. Pennsylvania · 1991
  4. New Orleans Public Service, Inc. v. First Federal Savings & Loan Ass'n of Warner Robins (In re Delta Towers, Ltd.)Court of Appeals for the Fifth Circuit · 1991
  5. Funches v. Household Finance Consumer Discount Co. (In Re Funches)United States Bankruptcy Court, E.D. Pennsylvania · 2008

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