Home > JOURNALS > BCLR > Vol. 52 > Iss. 6 (2011)
Article Title
Treading Murky Waters: The Third Circuit's Search for When a Claim Arises in In re Grossman's, Inc.
Document Type
Comments
Abstract
On June 2, 2010, the U.S. Court of Appeals for the Third Circuit in In re Grossman’s, Inc. held that despite a post-petition manifestation of injury, the tort claims of a woman allegedly exposed to a Chapter Eleven debtor’s asbestos-containing products arose pre-petition. In so holding, the court reasoned that a claim arises when an individual is exposed pre-petition to a debtor’s product giving rise to an injury, thus overruling its 1984 decision in In re M. Frenville Co. This Comment argues that although the court examined two tests before determining when a claim arises under the Bankruptcy Code, it left the state of claim accrual law in the contingent tort claims context unclear.
Recommended Citation
Alexandra E. Olson, Treading Murky Waters: The Third Circuit's Search for When a Claim Arises in In re Grossman's, Inc., 52 B.C.L. Rev. E. Supp. 27 (2011), https://lawdigitalcommons.bc.edu/bclr/vol52/iss6/4