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ROSENBERG v. DVI RECEIVABLES XVII, LLC

No. 15-2622.

835 F.3d 414 (2016)

Sara ROSENBERG, Individually and as Trustee of the Douglas Rosenberg 2004 Trust, Separately and as General Partner of The Pennsylvania Limited Partnerships 209 Chestnut St. Assoc., LP; 1501 Edgemont Associates, LP; 1538 Dekalb Associates, LP; 1561 Medical Drives Associates, LP; Imaging Properties of Illinois, LP; Imaging Properties of Philadelphia, LP; Imaging Properties of Roxborough, LP; Lane Limited Partnership, IV, Appellants v. DVI RECEIVABLES XVII, LLC; DVI Funding, LLC; Jane Fox; Lyon Financial Services Inc, d/b/a U.S. Bank Portfolio Services; U.S. Bank NA, a National Association Organized In Minnesota.

United States Court of Appeals, Third Circuit.

Opinion filed: August 29, 2016.

Attorney(s) appearing for the Case

Lewis J. Pepperman (ARGUED), Stark & Stark, 993 Lenox Drive, Building 2, Lawrenceville, NJ 08648, Tucker H. Byrd , Scottie N. McPherson , 180 Park Avenue North, Suite 2A, Winter Park, FL 32789, Counsel for Appellants.

Craig A. Hirneisen , Stacey A. Scrivani , Stevens & Lee, 111 North Sixth Street, P.O. Box 679 Reading, PA 19603, Peter H. Levitt , (ARGUED), Jack C. McElroy , Shutts & Bowen, 200 South Biscayne Boulevard, Suite 4100, Miami, FL 33131, Counsel for Appellees.

Before: AMBRO, JORDAN and SCIRICA, Circuit Judges

OPINION OF THE COURT

This appeal presents a question of federal preemption law. In November 2008, DVI Funding, LLC and several entities known as DVI Receivables filed involuntary bankruptcy petitions against Maury Rosenberg and his affiliated businesses. After the Bankruptcy Court dismissed the involuntary petitions...

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