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Biddle Law Library: National Bankruptcy Archives [Contact Us]
1984-1994
Creator:
Kronish, Lieb, Weiner, and Hellman LLP
Extent: 4.5 linear feet (about 930 items)
On July 11, 1984, William Foley, Legislative Affairs Officer of the Administrative Office of the United States Courts ("Administrative Office"), issued a memorandum stating that the Administrative Office would not pay bankruptcy judges because, in its opinion, Congress had acted unlawfully by awarding retroactive terms of office to the normally presidentially-appointed bankruptcy judges. In response, on July 13, 1984, four bankruptcy judges sued Foley and the Administrative Office for abuse of power. The case became commonly known as Lundin v. Foley. The law firm of Kronish, Lieb, Shainswit, Weiner and Hellman (later, Kronish, Lieb, Weiner and Hellman) represented the bankruptcy judges. Richard Lieb served as the primary attorney on the case. In 1988 the court issued a summary judgment on the grounds that the explicit reason for the suit (i.e. the refusal of Foley to pay the judges) had been resolved. However, when Foley issued his original memorandum, parties with an interest in other bankruptcy cases called for a dismissal of their cases or rulings on the grounds that the judges were not lawfully appointed. The bankruptcy judges in the original suit intervened in these cases on behalf of the presiding bankruptcy judges and, more importantly, the constituionality of the bankruptcy judge system as a whole. In each case, all of the motions were denied, thereby securing the bankruptcy judges a clear, unqualified victory. Following the court's decision, the judges sought reimbursement for its attorney fees under the Equal Access to Justice Act, which allows for plaintiffs who win a case against the government to be compensated for court costs. The Administrative Office refused to reimburse the judges, arguing that the Equal Access to Justice Act only covers suits against the Executive Branch, an argument which was upheld by the courts in the original ruling. The judges appealed and in 1992, the court ruled in favor of them for Lundin v. Foley. However, the judges were denied their request to recover fees for the related cases. The collection, 1984-1994, includes correspondence, clippings, photocopies of cases compiled in the course of research, notes, court documents, and other materials regarding the cases for which Kronish, Lieb represented bankruptcy judges in their lawsuit against the Administrative Office of the United States Courts.
title
Kronish, Lieb, Weiner, and Hellman LLP Bankruptcy Judges Lawsuit Files
creator
Kronish, Lieb, Weiner, and Hellman LLP
id
PU-L.NBA.027
repository
University of Pennsylvania Biddle Law Library
extent
4.5 linear feet (about 930 items)
inclusive date
1984-1994
bulk date
abstract/scope/contents
On July 11, 1984, William Foley, Legislative Affairs Officer of the Administrative Office of the United States Courts ("Administrative Office"), issued a memorandum stating that the Administrative Office would not pay bankruptcy judges because, in its opinion, Congress had acted unlawfully by awarding retroactive terms of office to the normally presidentially-appointed bankruptcy judges. In response, on July 13, 1984, four bankruptcy judges sued Foley and the Administrative Office for abuse of power. The case became commonly known as Lundin v. Foley. The law firm of Kronish, Lieb, Shainswit, Weiner and Hellman (later, Kronish, Lieb, Weiner and Hellman) represented the bankruptcy judges. Richard Lieb served as the primary attorney on the case. In 1988 the court issued a summary judgment on the grounds that the explicit reason for the suit (i.e. the refusal of Foley to pay the judges) had been resolved. However, when Foley issued his original memorandum, parties with an interest in other bankruptcy cases called for a dismissal of their cases or rulings on the grounds that the judges were not lawfully appointed. The bankruptcy judges in the original suit intervened in these cases on behalf of the presiding bankruptcy judges and, more importantly, the constituionality of the bankruptcy judge system as a whole. In each case, all of the motions were denied, thereby securing the bankruptcy judges a clear, unqualified victory. Following the court's decision, the judges sought reimbursement for its attorney fees under the Equal Access to Justice Act, which allows for plaintiffs who win a case against the government to be compensated for court costs. The Administrative Office refused to reimburse the judges, arguing that the Equal Access to Justice Act only covers suits against the Executive Branch, an argument which was upheld by the courts in the original ruling. The judges appealed and in 1992, the court ruled in favor of them for Lundin v. Foley. However, the judges were denied their request to recover fees for the related cases. The collection, 1984-1994, includes correspondence, clippings, photocopies of cases compiled in the course of research, notes, court documents, and other materials regarding the cases for which Kronish, Lieb represented bankruptcy judges in their lawsuit against the Administrative Office of the United States Courts.
date_facet
1980s 1990s
bulk_date_facet
language_facet
English
name_facet
Kronish, Lieb, Weiner, and Hellman LLP Lundin, Keith M. Norton, William L. Paine, George C., II United States. Administrative Office of the United States Courts
name_with_roles_facet
geographical_subject_facet
topical_subject_facet
genre_form_facet
Legal files
Biddle Law Library: National Bankruptcy Archives [Contact Us]
1967-2004
Creator:
Kelley, Ralph H. (Ralph Houston), 1928-2004, Creator
Extent: 24 linear feet
Ralph H. Kelley (1928-2004) was appointed United States Bankruptcy Judge in the Sixth Federal Judicial Circuit in 1969. In 1993 he retired as Chief Judge of the Bankruptcy Court for the Eastern District of Tennessee but remained the court’s senior judge. He was a member of the National Conference of Bankruptcy Clerks and the National Conference of Bankruptcy Judges, where he served as President from 1985 to 1986. In 1980, Ralph Kelley was appointed to the Committee on the Budget of the Judicial Conference of the United States, where he served until 1990. The collection (1967-2004) includes letters and memoranda with the Administrative Office of the United States, congressional leaders, and bankruptcy judges; programs, promotional material, and other material relating to seminars, workshops, conferences, and other meetings in which Kelley was invited to participate; congressional testimony by Kelley before various congressional committees; essays and other writings generated by Kelley; speeches, lectures, and other presentations created by Kelley; subject files, created and maintained by Kelley, relating to Kelley's key legislative advocacy, including support for an increase in bankruptcy judgeships, improved salaries and retirement benefits for bankruptcy judges, and Chapter 13 of the Bankruptcy Code; publications, releases, directories, news clippings, and other papers not created by Kelley but used by Kelley for reference; and letters, press releases, video material, and other material commemorating and honoring the life and work of Kelley.
title
Ralph H. Kelley Papers
creator
Kelley, Ralph H. (Ralph Houston), 1928-2004, Creator
id
PU-L.NBA.002
repository
University of Pennsylvania Biddle Law Library
extent
24 linear feet
inclusive date
1967-2004
bulk date
abstract/scope/contents
Ralph H. Kelley (1928-2004) was appointed United States Bankruptcy Judge in the Sixth Federal Judicial Circuit in 1969. In 1993 he retired as Chief Judge of the Bankruptcy Court for the Eastern District of Tennessee but remained the court’s senior judge. He was a member of the National Conference of Bankruptcy Clerks and the National Conference of Bankruptcy Judges, where he served as President from 1985 to 1986. In 1980, Ralph Kelley was appointed to the Committee on the Budget of the Judicial Conference of the United States, where he served until 1990. The collection (1967-2004) includes letters and memoranda with the Administrative Office of the United States, congressional leaders, and bankruptcy judges; programs, promotional material, and other material relating to seminars, workshops, conferences, and other meetings in which Kelley was invited to participate; congressional testimony by Kelley before various congressional committees; essays and other writings generated by Kelley; speeches, lectures, and other presentations created by Kelley; subject files, created and maintained by Kelley, relating to Kelley's key legislative advocacy, including support for an increase in bankruptcy judgeships, improved salaries and retirement benefits for bankruptcy judges, and Chapter 13 of the Bankruptcy Code; publications, releases, directories, news clippings, and other papers not created by Kelley but used by Kelley for reference; and letters, press releases, video material, and other material commemorating and honoring the life and work of Kelley.
date_facet
1960s 1970s 1980s 1990s 2000s
bulk_date_facet
language_facet
English
name_facet
Kelley, Ralph H. (Ralph Houston), 1928-2004 National Conference of Bankruptcy Judges (U.S.) United States. Administrative Office of the United States Courts
name_with_roles_facet
geographical_subject_facet
topical_subject_facet
genre_form_facet
DVDs Photographs
Biddle Law Library: National Bankruptcy Archives [Contact Us]
1916-1946, 1966-2001 and undated
Extent: 0.3 linear feet (about 30 items)
This is a collection assembled by the Archives that comprises bankruptcy collections containing approximately a file folder's extent of materials. Consult the file level of this collection for more information.
title
Small Bankruptcy Collections
creator
id
PU-L.NBA.008
repository
University of Pennsylvania Biddle Law Library
extent
0.3 linear feet (about 30 items)
inclusive date
1916-1946, 1966-2001 and undated
bulk date
abstract/scope/contents
This is a collection assembled by the Archives that comprises bankruptcy collections containing approximately a file folder's extent of materials. Consult the file level of this collection for more information.
date_facet
bulk_date_facet
language_facet
English
name_facet
Grinstead, W. Carter (William Carter), 1895-1943 United States. Administrative Office of the United States Courts
name_with_roles_facet
geographical_subject_facet
topical_subject_facet
genre_form_facet