Legal Opinion
Kilbarr Corp. v. General Services Administration, Office of Federal Supply & Services (In re Remington Rand Corp.)
Court of Appeals for the Third Circuit
Decided January 6, 1988No. 87-5063PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Circuit Judge.
This appeal requires us to examine the interplay between provisions of two divergent Acts of Congress: the Bankruptcy Reform Act of 1978 (“the Code”), 11 U.S.C. §§ 101(4)(A), 1141(d)(1)(A) (1982), and the Contract Dispute Act of 1978 (“the Act”), 41 U.S.C. § 605(a) (1982). Our inquiry must focus on each statute’s use of the term “claim.” Specifically, we must reconcile the Act’s framework for processing government contract claims with the Code’s broad treatment of “claim” for purposes of a bankruptcy discharge.
At issue is whether the government has a…
2Cases cited26 opinions
- Morton v. MancariSupreme Court of the United States · 1974
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
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3Cited by4 opinions
- Jeld-Wen, Inc. v. Van Brunt (In Re Grossman's Inc.)Court of Appeals for the Third Circuit · 2010
- In re Johns-Manville Corp.United States Bankruptcy Court, S.D. New York · 2016
- Oneida Ltd. v. Pension Benefit Guaranty Corp. (In Re Oneida Ltd.)United States Bankruptcy Court, S.D. New York · 2008
- In Re Remington Rand CorporationCourt of Appeals for the Third Circuit · 1988