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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
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Legal files
Biddle Law Library: National Bankruptcy Archives [Contact Us]
2004-2008
Creator:
National Conference of Bankruptcy Judges (U.S.)
Extent: 15 items
The Oral History Project was begun by the National Conference of Bankruptcy Judges (NCBJ) at its 2004 Annual Meeting. The purpose of the project was to record interviews in which past presidents of the NCBJ reminisced about the organization and the role they played in it. The project later expanded to encompass oral histories of prominent bankruptcy judges. The collection chiefly includes oral histories recorded with past presidents of the National Conference of Bankruptcy Judges. Accruals to this project include prominent members of the NCBJ who may or may not be former presidents.
title
National Conference of Bankruptcy Judges Oral History Project
creator
National Conference of Bankruptcy Judges (U.S.)
id
PU-L.NBA.012.001
repository
University of Pennsylvania Biddle Law Library
extent
15 items
inclusive date
2004-2008
bulk date
abstract/scope/contents
The Oral History Project was begun by the National Conference of Bankruptcy Judges (NCBJ) at its 2004 Annual Meeting. The purpose of the project was to record interviews in which past presidents of the NCBJ reminisced about the organization and the role they played in it. The project later expanded to encompass oral histories of prominent bankruptcy judges. The collection chiefly includes oral histories recorded with past presidents of the National Conference of Bankruptcy Judges. Accruals to this project include prominent members of the NCBJ who may or may not be former presidents.
date_facet
2000s
bulk_date_facet
language_facet
English
name_facet
National Conference of Bankruptcy Judges (U.S.) Adler, Louise Decarl Cosetti, Joseph L. Lee, Joe, 1925- Martin, Robert D. Newsome, Randall J. (Randall Jackson), 1950- Paine, George C., II Thomas, A. Thomas
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Audiotapes Oral histories (document genres)
Biddle Law Library: National Bankruptcy Archives [Contact Us]
1969-2010
(Bulk: 1982-2000)
Creator:
Newsome, Randall J. (Randall Jackson), 1950-
Extent: 27 linear feet
Randall J. Newsome attended Boston University for his Bachelor of Arts in 1972 and the University of Cincinnati College of Law for his Juris Doctor in 1975. With 28 years of experience serving as a settlement and bankruptcy judge, Judge Newsome is best known for his intelligent and pragmatic approach to resolving complex matters and he is frequently sought out as a national speaker on topics related to bankruptcy. Judge Newsome devoted much of his career handling local and national bankruptcy issues. Not only was Judge Newsome vocal about bankruptcy reform for consumers, but he was also actively involved with the ongoing legislative battles over bankruptcy reform, particularly during the ever changing Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) in the late 1990s. The Randall J. Newsome Papers, 1969-2010, primarily covers Judge Newsome's activities as a Bankruptcy Judge from 1982-2010 as well as his activities as a member and future President of the National Conference of Bankruptcy Judges (NCBJ).
title
Randall J. Newsome Papers
creator
Newsome, Randall J. (Randall Jackson), 1950-
id
PU-L.NBA.040
repository
University of Pennsylvania Biddle Law Library
extent
27 linear feet
inclusive date
1969-2010
bulk date
1982-2000
abstract/scope/contents
Randall J. Newsome attended Boston University for his Bachelor of Arts in 1972 and the University of Cincinnati College of Law for his Juris Doctor in 1975. With 28 years of experience serving as a settlement and bankruptcy judge, Judge Newsome is best known for his intelligent and pragmatic approach to resolving complex matters and he is frequently sought out as a national speaker on topics related to bankruptcy. Judge Newsome devoted much of his career handling local and national bankruptcy issues. Not only was Judge Newsome vocal about bankruptcy reform for consumers, but he was also actively involved with the ongoing legislative battles over bankruptcy reform, particularly during the ever changing Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) in the late 1990s. The Randall J. Newsome Papers, 1969-2010, primarily covers Judge Newsome's activities as a Bankruptcy Judge from 1982-2010 as well as his activities as a member and future President of the National Conference of Bankruptcy Judges (NCBJ).
date_facet
1960s 1970s 1980s 1990s 2000s 2010s
bulk_date_facet
1980s 1990s 2000s
language_facet
English
name_facet
Newsome, Randall J. (Randall Jackson), 1950- Hersher, Robert F., Jr., 1944- National Bankruptcy Review Commission (U.S.) National Conference of Bankruptcy Judges (U.S.) Paine, George C., II Scott, Mary Davies, 1944-
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Clippings files Oral histories (document genres) Photographs