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IN RE NEWCARE HEALTH CORP.

BAP No. MW 99-097.

244 B.R. 167 (2000)

In re NEWCARE HEALTH CORPORATION, Debtor. Sentinel Trust Company, Appellant, v. Newcare Health Corporation and William A. Brandt, Jr., Examiner, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

February 4, 2000.

Attorney(s) appearing for the Case

Paul R. Salvage, Bacon & Wilson, P.C., Springfield, MA, for Sentinel Trust Co.

Victor G. Milione, Nixon-Peabody, Boston, MA, for Newcare Health Corp.

Richard Mikels, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MA, for William Brandt.

Steven Weiss, Shatz Schwartz & Fentin, P.C., Springfield, MA, for Lenox Health Care.

Before: VOTOLATO, DE JESÚS, and VAUGHN, U.S. Bankruptcy Judges.

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...

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