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§ 546

Brownlee, In re--Kelley v. Stone & Baxter, LLP

Ruling
Trustee's avoidance actions were not time barred where timing of permanent appointmententitled trustee to a one-year extension. (Bankr. M.D. Ga.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.

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Consumer opinion summary, case decided on July 30, 2019 , LexisNexis #0919-086

Chieftain Steel, In re

Ruling
Motion to vacate default judgment granted where creditor had meritorious defenses totrustee's preference claims which were barred by the statute of limitations. (Bankr. W.D. Ky.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations; Later Than Measurement;

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Commercial opinion summary, case decided on May 24, 2019 , LexisNexis #0819-011

Rosen, In re--Krasnoff v. Lancaster Baptist Church

Ruling
Trustee's request for leave to amend complaint to extend avoidance period was granted as itwas made within the limitations period. (Bankr. C.D. Cal.)
Issue(s)
Limitations on Avoiding Powers.

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Consumer opinion summary, case decided on June 26, 2018 , LexisNexis #0818-017

Rosen, In re--Krasnoff v. Lancaster Baptist Church

Ruling
Trustee's request for leave to amend complaint to extend avoidance period was granted as itwas made within the limitations period. (Bankr. C.D. Cal.)
Issue(s)
Limitations on Avoiding Powers.

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Consumer opinion summary, case decided on June 26, 2018 , LexisNexis #0818-017

Walnut Hill, Inc., In re

Ruling
Motion for extension of deadline to file avoidance actions was denied where Rule 9006(b) didnot apply to § 546(a) and thus it was unnecessary to determine whether cause was shown foran extension of the statutory deadline. (Bankr. D. Conn.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.

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Commercial opinion summary, case decided on June 01, 2018 , LexisNexis #0718-019

Buchwald Capital Advisors, LLC v. Papas

Ruling
Wire transfers were shielded from trustee's avoidance reach as transfers made by or to afinancial institution in connection with a securities contract. (E.D. Mich.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.

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Consumer opinion summary, case decided on January 23, 2018 , LexisNexis #0318-017

Buchwald Capital Advisors, LLC v. Papas

Ruling
Wire transfers were shielded from trustee's avoidance reach as transfers made by or to afinancial institution in connection with a securities contract. (E.D. Mich.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.

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Consumer opinion summary, case decided on January 23, 2018 , LexisNexis #0318-017

Milby, In re--Milby v. Templeton

Ruling
One-year delay in filing fraudulent transfer action after the subject transfers were discovered did not prevent a finding of equitable tolling of the limitations period. (9th Cir.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations; Later Than Measurement.

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 21, 2017 , LexisNexis #1217-110

rue21, inc., In re

Ruling
Court concluded that the safe harbor provision of section 546(e) operated as a completedefense to state-law avoidance claims and constructive claims alleged by the committee ofunsecured creditors. (Bankr. W.D. Pa.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.

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Commercial opinion summary, case decided on September 08, 2017 , LexisNexis #1017-081

Yow, In re--Northen v. Holly Ridge Ventures, LLC

Ruling
Defendants' motion for directed verdict was granted where the court found that the first twocauses of action in the amended complaint were not timely brought. (Bankr. E.D.N.C.)
Issue(s)
Defendants' motion for directed verdict was granted where the court found that the first two causes of action in the amended complaint were not timely brought.

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Consumer opinion summary, case decided on September 01, 2017 , LexisNexis #1017-018