In 1984, when one of the co-authors (you can guess which one) had been practicing for less than a year, the 3rd U.S. Circuit Court of Appeals issued one of its most controversial rulings in the area of bankruptcy law. The case — In re Frenville — addressed the fundamental issue of when a claim arises in bankruptcy.
Since the issuance of that decision, myriad articles have been written on the Frenvill e holding regarding when a claim arises for purposes of the application of the automatic stay, treatment and potential discharge in bankruptcy proceedings. One commentator recently observed that over the ensuing 25 years, almost 100 reported case decisions have disagreed with — or declined to follow — the Frenville decision.
