A state law abuse of process claim based on the filing of a frivolous claim in a bankruptcy proceeding is completely preempted by the Bankruptcy Code, the Pennsylvania Supreme Court has ruled. A group of law partners formed a corporation to purchase and maintain real estate. They bought property, but then defaulted on their loan. One of the partners subsequently formed his own corporation and purchased the loan note.
Reasoning that David Munchinski's claims of malicious prosecution were past a statute of limitations, a federal judge on Wednesday dismissed the former Latrobe man's civil-rights lawsuit against the authorities involved in his conviction for a 1977 double murder in Bear Rocks, Fayette County. In a 16-page opinion, U.S. District Judge David S. Cercone wrote that Munchinski's professions of false arrest, false imprisonment and abuse of process are "time-barred" by a two-year window in Pennsylvania "for personal injury.
... for the Eastern District of Pennsylvania. (D.C. No. 2-10-cv-0... with Marcus Hook, and (4) Fourth Amendment abuse of process claims against all Defendants. 12 ...
... for the Eastern District of Pennsylvania. (D.C. No. 2-10-cv-0... with Marcus Hook, and (4) Fourth Amendment abuse of process claims against all Defendants. 12 ...
... for the Eastern District of Pennsylvania. (D.C. No. 2-10-cv-0... with Marcus Hook, and (4) Fourth Amendment abuse of process claims against all Defendants. 12 ...
... for the Eastern District of Pennsylvania. (D.C. No. 2-10-cv-0... with Marcus Hook, and (4) Fourth Amendment abuse of process claims against all Defendants. 12 ...
... for the Eastern District of Pennsylvania. (D.C. No. 2-10-cv-0... with Marcus Hook, and (4) Fourth Amendment abuse of process claims against all Defendants. 12 ...
... for the Eastern District of Pennsylvania. (D.C. No. 2-10-cv-0... with Marcus Hook, and (4) Fourth Amendment abuse of process claims against all Defendants. 12 ...
... for the Eastern District of Pennsylvania. (D.C. No. 2-10-cv-0... with Marcus Hook, and (4) Fourth Amendment abuse of process claims against all Defendants. 12 ...
... for the Eastern District of Pennsylvania. (D.C. No. 2-10-cv-0... with Marcus Hook, and (4) Fourth Amendment abuse of process claims against all Defendants. 12 ...
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