Rosenberg v. DVI Receivables XVII, LLC: Third Circuit Finds That Section 303(i) of the Bankruptcy Code Does Not Preempt Non-Debtors' State Law Claims | Practical Law
In Rosenberg v. DVI Receivables XVII, LLC, the US Court of Appeals for the Third Circuit held that damages awarded to a debtor for a bad faith involuntary bankruptcy filing under section 303(i) the Bankruptcy Code does not preempt state law claims brought by non-debtor affiliates for damages arising from the filing of the involuntary petition.