Legal Opinion

In Re Crouthamel Potato Chip Company, (Debtor). Appeal of Local 1092, International Association of MacHinists and Aerospace Workers, Afl-Cio

Court of Appeals for the Third Circuit

Decided May 2, 1986No. 85-1528; Bankruptcy 79-01939GPublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Chief Judge.

The major question for decision is one of first impression in the United States Courts of Appeals. We must decide whether a claim deemed filed in a Chapter 11 (reorganization) proceeding remains effective when the debtor converts the Chapter 11 case into one under Chapter 7 (liquidation). The issue requires that we construe relevant statutes and the rules of practice and procedure in bankruptcy. The bankruptcy judge, 43 B.R. 937, and, after appeal, the district court, 52 B.R. 960, held that listing the claim on the debtor’s schedule, which was filed…

2Cases cited7 opinions

Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
Towne v. EisnerSupreme Court of the United States · 1918
Lowden v. Northwestern National Bank & Trust Co.Supreme Court of the United States · 1936
In Re Pigott, James P., T/d/b/a James P. Pigott Building Materials. Appeal of Conestoga Ceramic Tile Distributors, IncCourt of Appeals for the Third Circuit · 1982
In Re Crouthamel Potato Chip Co.District Court, E.D. Pennsylvania · 1985

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3Cited by37 opinions

In Re Robert D. Johnson, Debtor. Canal Corporation, General Partner of the Limited Partnership of the October 18, 1973 Group the October 30, 1973 Group the November 30, 1973 Group the November 15, 1973 Group the December 10, 1973 Group the December 11, 1973 Group the December 14, 1973 Group the January 7, No. 91-1403 1974 Group the January 11, 1974 Group the January 31, 1974 Group Resource Evaluation & Development, Incorporated, General Partner of the Limited Partnership of the February 8, 1974 Group the February 15, 1974 Group the March 5, 1974 Group the March 11, 1974 Group the March 29, 1974 Group the April 14, 1974 Group the April 5, 1974 Group v. Robert E. Finnman Gerald L. Sacks Leonard Henschel Mrs. Leonard Henschel Carl Starnes Mrs. Carl Starnes Robert W. Froehlich Alan B. Svedlow Thomas W. Gilliam, Jr. Ruth Swart Young Frederick M. Sorrell, Jr. Richard B. Hudson Mrs. Richard B. Hudson William A. Gore Mrs. William A. Gore, and Lenora Johnson Brown Vail Pischke v. Bruce Goldstein, TrusteeCourt of Appeals for the Fourth Circuit · 1992
Devan v. Simon DeBartolo Group, L.P.Court of Appeals for the Fourth Circuit · 1999
In Re SternUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
In Re Old Carco LLCUnited States Bankruptcy Court, S.D. New York · 2009
In Re Erin Food Services, Inc., Debtor, the Travelers Insurance Company v. Cambridge Meridian Group, Inc., in Re Erin Food Services, Inc., Debtor. The Travelers Insurance Company v. Cambridge Meridian Group, Inc.Court of Appeals for the First Circuit · 1992

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