Publication Date

Winter 2002

Journal

American Bankruptcy Law Journal

Abstract

The Supreme Court's decision in Hartford Underwriters Insurance Co. v. Union Planters Bank, N.A., which limited standing under 11 U.S.C. § 506(c) to bankruptcy trustees, fails to conclusively resolve the issue of who can bring such claims. The ruling creates legal complexities, as it does not fully address ownership of the proceeds or provide clear guidance, leading to potential workarounds by secured creditors and trustees. The article argues that the decision may be circumvented, and the current framework for handling § 506(c) claims remains unsatisfactory, necessitating further legislative or judicial clarification.

Volume

76

Issue

1

First Page

43

Last Page

80

Publisher

National Conference of Bankruptcy Judges (NCBJ)

Disciplines

Bankruptcy Law | Courts | Law

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