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November 01, 2010

R.I.P. Frenville: 3rd Circuit Overrules Its Own Unpopular Case

Philadelphia and Wilmington partner Andy Kassner and associate Joe Argentina co-authored an article that appeared in The Legal Intelligencer entitled, “R.I.P. Frenville: 3rd Circuit Overrules Its Own Unpopular Case.” The article examines the 3rd Circuit’s decision to overrule its own prior ruling, In re Frenville, one of the most controversial rulings in the area of bankruptcy law, which addressed the fundamental issue of when a claim arises in bankruptcy.

Click on the PDF link above to view the full article.