Legal Opinion
In Re: Ben Franklin Hotel Associates, Debtor Ben Franklin Hotel Associates
Court of Appeals for the Third Circuit
Decided August 9, 1999No. 98-1280PublishedCited by 53 opinions
1Opinion of the Court
OPINION OF , THE COURT
COWEN, Circuit Judge.
In this appeal we must decide whether an equitable demand for reinstatement of an interest in a partnership constitutes a “claim” within the meaning of section 101(5)(B) of the Bankruptcy Code. Both the Bankruptcy Court and the District Court held that it was not and refused to enjoin appellee B.F. General Associates (“BFG”) from pursuing the demand in state court litigation against debtor Ben Franklin Hotel Associates (“Ben Franklin” or “debtor”) after confirmation of debtor’s reorganization plan. Although we analyze the matter somewhat differently…
2Cases cited20 opinions
- Ohio v. KovacsSupreme Court of the United States · 1985
- In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
- Donaldson v. BernsteinCourt of Appeals for the Third Circuit · 1997
- In Re Trans World Airlines, Incorporated, Debtor. Interface Group-Nevada, Incorporated v. Trans World Airlines, Incorporated. Thomas E. Ross, Trustee. In Re Trans World Airlines, Incorporated, Debtor. Interface Group-Nevada, Incorporated v. Trans World Airlines, Incorporated, Thomas E. Ross, TrusteeCourt of Appeals for the Third Circuit · 1998
- The Chase Manhattan Bank, N.A. v. American National Bank And Trust Company Of ChicagoCourt of Appeals for the Second Circuit · 1996
15 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Rederford v. US Airways, Inc.Court of Appeals for the First Circuit · 2009
- Chehazeh v. Attorney General of United StatesCourt of Appeals for the Third Circuit · 2012
- Hodge v. United StatesCourt of Appeals for the Third Circuit · 2009
- Burella v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 2007
- In Re the Ground Round, Inc.Bankruptcy Appellate Panel of the First Circuit · 2005
48 more not listed; retrieve them via the Exa API.