In Re Grossman's And Asbestos-Related Future Claims

Law360, New York (June 24, 2010, 6:39 PM EDT) -- In an en banc decision filed on June 2, 2010, the U.S. Court of Appeals for the Third Circuit held that a "claim," as that term is defined by the Bankruptcy Code, "arises when an individual is exposed pre-petition to a product or other conduct giving rise to an injury, which underlies a 'right to payment' under the Bankruptcy Code." In re Grossman's Inc., 2010 WL 2131291, Slip. Op., at 18 (3d Cir. June 2, 2010) (citing 11 U.S.C. § 101(5)).

In so holding, the court...
To view the full article, register now.