Third Circuit Overrules Long-Criticized Frenville Decision; Redefines When “Claim” Accrues for Future Claimants

In a significant en banc decision issued on June 2, 2010, Jeld-Wen, Inc. (f/k/a Grossman’s Inc.) v. Van Brunt (In re Grossman’s, Inc.), Ch. 11 Case No. 09-1563 (3d Cir. June 2, 2010), the U.S. Court of Appeals for the Third Circuit reversed itself and joined with other circuit courts in holding that “a ‘claim’ under section 101(5) of 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.”