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Schwinn Cycling & Fitness v. Benonis

United States District Court for the Northern District of Illinois

217 B.R. 790 (1997)

Relevant factsFree

Schwinn Cycling & Fitness filed for bankruptcy, and New Schwinn purchased most of its assets, assuming only certain liabilities that expressly excluded pre-sale product-liability claims; the bankruptcy court's sale order stated New Schwinn was not Schwinn's successor in interest, and the later-confirmed liquidation plan enjoined claims against Schwinn's successors except as the plan provided. Years afterward, Benonis, a minor with no notice of Schwinn's bankruptcy or the plan's provisions, was injured on a Schwinn exercise bicycle and sued Schwinn and New Schwinn in state court on a successor-liability theory; New Schwinn filed an adversary bankruptcy proceeding seeking to enjoin that claim based on the sale order, and the bankruptcy court dismissed the adversary proceeding.

IssueFree

Whether, under bankruptcy law, post-petition claims arising from pre-petition conduct are discharged if the claimant had no notice of the bankruptcy.

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