United States Third Circuit

In a suit for damages related to defects in roofing shingles manufactured by a defendant who had filed for Chapter 11 bankruptcy, summary judgment to the defendant is reversed, where: 1) the district court correctly determined that the plaintiffs held "claims" under the Bankruptcy Code, based on JELD-WEN, Inc. v. Van Brunt (In re Grossman’s Inc.), 607 F.3d 114 (3d Cir. 2010); but 2) it should not have held that those claims were discharged, because at the time of the confirmation date, Avellino v. M. Frenville Co. (In re M. Frenville Co.), 744 F.2d 332 (3d Cir. 1984), controlled the status of their "claims," so the notice given did not afford the plaintiffs due process.

Appellate Information

• Decided 05/18/2012
• Published 05/18/2012

Judges

• Ambro

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David Alexander Barnes, Kara L. McCall