Miller v. Clark Retail Enters. (In re Halloway)
Feb
24
2010
Ruling
Trustee's complaint seeking to vacate state court dismissal of debtor's personal injury action dismissed as time barred.
Procedural posture
Trustee filed a complaint against defendant retailer seeking to vacate a state court judgment dismissing a debtor's personal injury lawsuit against the retailer. The retailer filed a motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim for which relief could be granted. Alternatively, the retailer contended that the suit was barred by laches and by the limitation period of 11 U.S.C.S. § 108(a).
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Court
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