Bankruptcy Claims Time Machine


So Maybe We Now Know When A Claim Arises, But Can A Debtor Discharge The Claim?

Although not admitting that it succumb to acknowledged

“universal disapproval” of its 1984 decision in Avellino & Bienes v. M. Frenville Co. (Matter of M. Frenville Co) 744 F3d 332 (3rd Cir. 1984), the Third Circuit Court of Appeals did, in fact, reverse Frenville on June 2, 2010, with its en banc decision In re: Grossman’s Inc. et al., Debtors JELD-WEN f/k/a Grossman’s Inc. Appellant, v. Gordon Van Brunt, Individually and in his capacity as Personal Representative of the Estate of Mary Van Brunt. However, the Court left open the question of whether a claim is discharged in bankruptcy.

The facts of the JELD-WEN case were as follows...

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