United States Third Circuit

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Rosenberg v. DVI Receivables XVII LLC, 15-2622

In an appeal presenting a question of federal preemption law, in which defendants filed involuntary bankruptcy petitions against plaintiff's husband that were later dismissed by the Bankruptcy Court, the District Court's dismissal of this complaint for tortious interference under state law for damages allegedly caused by the filing of the involuntary petitions, is reversed where 11 U.S.C. section 303(i) does not preempt the state law claims of non-debtors predicated on the filing of an involuntary bankruptcy petition.

Appellate Information

  • Decided
  • Published 2016/08/29

Judges

  • AMBRO

Court

  • United States Third Circuit

Counsel