IN RE KAPLAN

No. 97-1394.

143 F.3d 807 (1998)

In re Manuel KAPLAN, Debtor. Manuel KAPLAN; Arthur Liebersohn, Trustee, v. FIRST OPTIONS OF CHICAGO, INC. Manuel Kaplan, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 9, 1998.


Attorney(s) appearing for the Case

Gary A. Rosen (Argued), Connolly, Epstein, Chicco, Foxman, Engelmyer & Ewing, Philadelphia, PA, for Appellant Manuel Kaplan.

Stephen P. Bedell, Timothy G. McDermott (Argued), Gardner, Carton & Douglas, Chicago, IL, William A. Slaughter, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, for Appellee First Options of Chicago, Inc.

Before: NYGAARD and ALITO, Circuit Judges, and DEBEVOISE, District Judge.


OPINION OF THE COURT

ALITO, Circuit Judge.

In this bankruptcy appeal, Debtor-Appellant Manuel Kaplan contests an order allowing First Options of Chicago's proof of claim. Kaplan argues that we should reverse the order allowing the claim because First Options materially breached the contracts under which the claim arose. Concluding that First Options did not breach the parties' contracts, the bankruptcy and district courts allowed the claim. For the reasons...

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