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§ 546(a)(1)(A)

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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Commercial opinion summary, case decided on March 07, 2023 , LexisNexis #0523-014
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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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Commercial opinion summary, case decided on May 24, 2019 , LexisNexis #0819-011
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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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Consumer opinion summary, case decided on May 31, 2016 , LexisNexis #0616-094
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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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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 24, 2016 , LexisNexis #0316-096
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Vaughan v. Meridan Natl Corp. (In re Ottawa River Steel Co.)

Jul
14
2005
Ruling
Creditor was denied summary judgment where the court ruled it could decide the date an order for relief triggered two-year limitations period for filing creditor's complaint.
Procedural posture

Plaintiff chapter 7 trustee commenced an adversary proceeding against defendants, creditors, seeking to recover certain prepetition transfers made by the debtor. The creditors moved for summary judgment, alleging that the trustee's claims were time barred under 11 U.S.C. § 546.

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opinion summary, case decided on July 14, 2005 , LexisNexis #0106-092
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