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§ 108(a)(2)

OPP Liquidating Co., In re--Buchwald Cap. Advisors LLC v. Schoen

Ruling
Claims for breach of fiduciary duty that took place three years before the petition date weretime barred despite post-petition extension due to provisions of state fraudulent concealmentlaw. (Bankr. D. Del.)
Issue(s)
Extension of Time; Commencement of Action by Trustee; Post Relief Order.

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Commercial opinion summary, case decided on April 09, 2024 , LexisNexis #0624-027

Laddin v. Belden (In re Verilink Corp.)

Ruling
Two year statue of limitations for claims against law firm was not tolled prior to trustee's appointment.
Procedural posture

Trustee sued law firm and others, alleging, inter alia, breach of fiduciary duty, malpractice, civil conspiracy, and aiding and abetting breach of fiduciary duty. The law firm moved to dismiss the complaint on the grounds that the claims against it were time-barred by the statutes of repose and limitations and precluded under the doctrine of res judicata.

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Commercial opinion summary, case decided on April 09, 2009 , LexisNexis #0709-107