- 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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:
- 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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:
- 11 U.S.C.
Milby, In re--Milby v. Templeton
Nov
21
2017
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
- 11 U.S.C.
Rentas v. TRM LLC (In re Malavet)
May
31
2016
Ruling
Trustee's avoidance proceeding initiated more than two years after entry of order for relief dismissed as time barred.
Issue(s)
Was trustee's avoidance proceeding barred by the statute of limitations?
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:
- 11 U.S.C.
Templeton v. Milby (In re Milby)
Feb
24
2016
Ruling
Bankruptcy court erroneously dismissed trustee's fraudulent transfer claims by erroneously finding that trustee's delay in bringing the claims barred application of equitable tolling.
Issue(s)
Whether the bankruptcy court erroneously applied the doctrine of equitable tolling when it granted summary judgment and dismissed the First, Second, and Third Claims for Relief (to the extent they were based on fraudulent transfers alleged in paragraph 30 of the complaint) as untimely under 11 U.S.C.S. § 546(a)(1)(A).
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Judge or Jurisdiction information not available
- 11 U.S.C.
Firstbank P.R. v. Mender (In re New York Mortg. Bankers Inc.)
Apr
13
2015
Ruling
Trustee's late-filed preference counterclaim against creditor dismissed as time-barred.
Issue(s)
Was trustee's counterclaim against creditor alleging that its mortgage notes were avoidable preferences time barred?
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:
- 11 U.S.C.
Templeton v. Milby (In re Milby)
Mar
02
2015
Ruling
Trustee could not avoid transfers after the limitations period had expired absent equitable tolling.
Issue(s)
Were trustee's avoidance claims barred by the statute of limitations in § 546 (a)(1)?
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:
- 11 U.S.C.
Freeland v. CPA Warehouse (In re Livemercial Aviation Holding LLC)
Mar
26
2014
Ruling
Equitable tolling applied due to trustee's inability to obtain information about fraudulent transfer claim.
Issue(s)
Did equitable tolling apply to allow trustee to file an untimely complaint in a fraudulent conveyance proceeding?
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:
- 11 U.S.C.
Bernstein v. Evergreen Line (In re Berkline)
Aug
06
2013
Ruling
Post-statute of limitations amended complaint in avoidance proceeding related back to original filing.
Issue(s)
Whether a putative transferee was entitled to an order dismissing a plan administrator's complaint alleging that he was entitled under 11 U.S.C.S. § 547 to avoid transfers corporate debtors made to the transferee less than ninety days before the debtors declared chapter 11 bankruptcy.
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:
- 11 U.S.C.
Burtch v. Opus LLC (In re Opus East LLC)
Aug
06
2013
Ruling
Amendments to complaint in avoidance proceeding allowed due to equitable tolling of statute of limitations.
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