U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog

Decisions In Chapter 11 Bankruptcy Proceedings, and Immigration Matter

Dwumaah v. Attorney General, 09-4140, concerned a petition for review, by a citizen of Ghana, of a final order of removal by the BIA.  In denying the petition, the court held that substantial evidence supports the finding that DHS met its burden of proving that the petitioner falsely claimed citizenship on at least two occasions in connection with federal student loan applications.

In re Goody's Family Clothing Inc., No. 09-2168, concerned a challenge to the district court's affirmance of the Bankruptcy Court's decision to award "stub rent" as an administrative expense to three of the debtors' landlords in Chapter 11 Bankruptcy proceedings.  In affirming the decision  for essentially the same reasons given by the district court, the court held that section 365(d)(3) does not supplant section 503(b) and the landlords are entitled to "stub rent" as an administrative expense.

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