Legal Opinion · Concurrence
In Re: Ben Franklin Hotel Associates, Debtor Ben Franklin Hotel Associates
Court of Appeals for the Third Circuit
Decided August 9, 1999No. 98-1280Published
1ConcurrenceSloviter, Circuit Judge
I agree with the majority’s conclusion that the Ben Franklin Hotel Associates (“BFHA”) bankruptcy does not bar appel-lee B.F. General Associates (“B.F.General”) from demanding an equitable remedy for its exclusion from the BFHA partnership, because that demand is not a “claim” or “debt” within the meaning of the Bankruptcy Code. I further agree with the ma*310jority that the standard for determining whether the demand for an equitable remedy is to be treated as a claim in bankruptcy was established by the Supreme Court’s decision in Ohio v. Kovacs, 469 U.S. 274, 105 S.Ct. 705, 83 L.Ed.2d 649…
2Cases cited5 opinions
- Ohio v. KovacsSupreme Court of the United States · 1985
- Karrick v. HannamanSupreme Court of the United States · 1897
- In Re: Continental Airlines, Debtor. Air Line Pilots Association v. Continental Airlines, Lpp Effective Date Committee, Honorable John Stonitsch, Trustee. Lpp No. 96-7028 . In Re: Continental Airlines, Debtor. Air Line Pilots Association v. Continental Airlines, LLP Effective Date Committee, Honorable John Stonitsch, Trustee. Continental Airlines, Inc., No. 96-7038Court of Appeals for the Third Circuit · 1997
- Ewing v. CaldwellSupreme Court of North Carolina · 1955
- Donatelli v. CarinoSupreme Court of Pennsylvania · 1956