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FOLGER ADAM SECURITY, INC. v. DeMATTEIS/MacGREGOR

Nos. 98-2164, 98-2165, 99-1107 and 99-1108.

209 F.3d 252 (2000)

FOLGER ADAM SECURITY, INC. v. DeMATTEIS/MacGREGOR, JV; Insurance Company of North America; Fidelity & Deposit Company of Maryland; Swiss Reinsurance America Corporation, formerly know as North American Reinsurance Corporation DeMatteis/MacGregor, JV; Insurance Company of North America; Fidelity & Deposit Company of Maryland; Swiss Reinsurance America Corporation, Appellants.

United States Court of Appeals, Third Circuit.

Filed March 20, 2000.

Attorney(s) appearing for the Case

B. Christopher Lee (Argued), Jacoby, Donner & Jacoby, Philadelphia, PA, for Appellee.

Carl A. Solano (Argued), Philip G. Kircher, Jacqulynn M. Broughton, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for Appellants.

Before: MANSMANN, McKEE and STAPLETON, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal, we are asked to decide whether the affirmative defenses of setoff, recoupment, and other contract defenses, which arose as a consequence of alleged defaults under certain contracts with the debtors, constitute an "interest" under section 363(f) of the Bankruptcy Code such that a sale of the debtors' assets in a consolidated Bankruptcy Court auction free and clear, extinguished such affirmative...

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