- 11 U.S.C.
1960 Fam. Practice, P.A., In re--Engelhart v. Le Nguyen
Mar
07
2023
Ruling
The order of dismissal was effectively with prejudice to refiling as the two-year limitations period to file claims had run. (Bankr. S.D. Tex.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations; Later Than Measurement; Two Years After Order For Relief.
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Court
:
American Purchasing Servs., In re
Nov
21
2022
Ruling
Chapter 7 trustee's request to extend his statutory deadlines to commence certain actions wasdenied as he failed to demonstrate sufficiently egregious actions by the litigation targets toobtain extraordinary relief. (Bankr. S.D. Fla.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.
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Court
:
Matt Garton & Assocs., LLC, In re--Weinman v. Garton
Feb
14
2022
Ruling
Debtor's motion to dismiss denied as he could not bootstrap the new transactions to thetransfers in the original complaint after the expiration of the § 546(a) statute of limitations.(Bankr. D. Colo.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.
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Court
:
- 11 U.S.C.
Galaz, In re--Soule v. Galaz
Oct
20
2021
Ruling
Claim seeking to avoid and recover a fraudulent transfer was pleaded with sufficientparticularity and could not be dismissed as time-barred as the date of discovery was unclear.(Bankr. N.D. Okla.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations; Time Case is Closed or
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Art & Architecture Books of the 21st Century, In re--Leslie v. Ace Gallery N.Y. Corp.
May
05
2021
Ruling
Creditor plan agent's motion for leave to amend fraudulent transfer complaint was denied asthe proposed amended complaint adding new parties and claims was filed after the applicabletwo-year statute of limitations. (Bankr. C.D. Cal.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.
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Uplift RX, LLC, In re--Shapiro v. Wall St. Health Servs.
Jan
21
2021
Ruling
Good cause existed to allow a liquidating trustee to proceed on his motion for leave to amendcomplaint in avoidance proceeding after the scheduling order deadline. (Bankr. S.D. Tex.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.
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Court
:
- 11 U.S.C.
Knight, In re--Mann v. Knight
Jul
07
2020
Ruling
Trustee's motion for reconsideration of adverse judgment in avoidance proceeding on grounds of equitable tolling denied. (Bankr. N.D. Ga.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.
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Court
:
( Judge Drake ) [ Bankruptcy Court ]
Miller v. New Penn Fin., LLC
Apr
21
2020
Ruling
Chapter 7 trustee was entitled to summary judgment in avoidance proceeding as she coulddefensively assert her rights as a bona fide purchaser under applicable state law. (Bankr. N.D.Ga.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.
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:
Brownlee, In re--Kelley v. Stone & Baxter, LLP
Jul
30
2019
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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Court
:
- 11 U.S.C.
Chieftain Steel, In re
May
24
2019
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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