Walnut Hill, Inc., In re
Jun
01
2018
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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Court
:
- 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.
Santiago Rodriguez, In re--Santiago Rodriguez v. Martinez
Jun
08
2017
Ruling
Avoidance of preferential transfer was time barred as the debtors had actual knowledge of alleged preferential transfer no later than 19 days before the closing of their case but failed to bring an avoidance action at that time. (Bankr. D.P.R.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations; Time Case is Closed or Dismissed.
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Court
:
( Judge Godoy ) [ Bankruptcy Court ]
Kindred v. Gumbinner (In re Innovative Logistics Techniques Inc.)
May
31
2016
Ruling
Statute of limitations was tolled for trustee's proceeding to recover assets transferred by corporate debtor to family trust.
Issue(s)
Was trustee's fraudulent transfer proceeding preserved due to equitable tolling of the statute of limitations?
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Court
:
- 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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Court
:
- 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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Court
:
Judge or Jurisdiction information not available
Sakhe, In re--Perkins v. North Park Realty Mgmt., LLC
Nov
30
2015
Ruling
Trustee's causes of action were permitted under the statute of limitations they were filedwithin two years of the trustee's appointment. (Bankr. D.N.J.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.
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Court
:
Judge or Jurisdiction information not available
Boudreaux v. Hall Oil Co. (In re Pope Logging Inc.)
Sep
17
2015
Ruling
Equitable tolling did not apply to statute of limitations that expired prior to conversion to chapter 7 where U.S. Trustee and creditors failed to act timely to pursue claims.
Issue(s)
Was trustee's avoidance proceeding barred by the statute of limitations or did equitable tolling apply?
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Court
:
- 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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Court
:
Colon v. Wright (In re Wright)
Mar
09
2015
Ruling
Trustee's proceeding to recover transfers made prior to conversion from chapter 11 to chapter 7 dismissed as time-barred.
Issue(s)
Should trustee's proceeding to avoid transfers made prior to conversion from chapter 11 to chapter 7 be dismissed?
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Court
: