Legal Opinion
Zinchiak v. CIT Small Business Lending Corp. (In Re Zinchiak)
Court of Appeals for the Third Circuit
Decided April 28, 2005No. 03-4509PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
FUENTES, Circuit Judge.
In this appeal, we must determine whether the Bankruptcy Court abused its discretion in reopening the bankruptcy case of appellant Kenneth A. Zinchiak (“Zinchiak” or “Debtor”) to permit the ap-pellee Newcourt Small Business Lending Corporation (“Newcourt”) 1 to file a petition to fix the fair market value of certain real estate under Pennsylvania’s Deficiency Judgment Act (“DJA”), 42 Pa. Const. Stat. Ann. § 8103, and, if not, whether the Bankruptcy Court properly interpreted the interplay between the DJA and the jurisdictional and automatic stay…
2Cases cited26 opinions
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
- In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
- In Re Resorts International, Inc.Court of Appeals for the Third Circuit · 2004
- Donaldson v. BernsteinCourt of Appeals for the Third Circuit · 1997
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3Cited by4 opinions
- In Re ZinchiakCourt of Appeals for the Third Circuit · 2005
- In re AyalaUnited States Bankruptcy Court, M.D. Florida · 2017
- Hannah WoldeyohannesUnited States Bankruptcy Court, D. Connecticut · 2025
- Smalis v. City of Pittsburgh School District (In re Smalis)United States Bankruptcy Court, W.D. Pennsylvania · 2016