- 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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Court
:
Litzler v. Cooper (In re Margaux Tex. Ventures Inc.)
May
22
2014
Ruling
Trustee's untimely fraudulent transfer proceeding dismissed but trustee retained the ability to seek disallowance of the creditor's related claim.
Issue(s)
If a successfully asserted affirmative defense of statute of limitations precludes a trustee from avoiding or recovering a transfer, does this also preclude the transferee's claim from being disallowed under section 502(d)?
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Court
:
- 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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Court
:
- 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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Court
:
- 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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Court
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Bank of N.Y. v. Sheeley (In re Sheeley)
Mar
04
2013
Ruling
Section 546 limitations period did not bar trustee from seeking declaration that mortgage was not a valid lien against debtor's residence.
Procedural posture
Plaintiff bank filed a motion for summary judgment in its action against defendants, chapter 13 trustee and debtors, seeking a declaratory judgment that its mortgage was a valid first mortgage lien on the debtor's residence parcel and requesting that the mortgage be reformed to correct the legal description. Defendants filed a joint motion for summary judgment.
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Court
:
- 11 U.S.C.
Fogel v. Shabat (In re Draiman)
Nov
27
2012
Ruling
Statute of limitations for avoidance proceedings ran from date interim trustee began service where trustee later became permanent.
Procedural posture
Chapter 7 trustee's complaint alleged causes of action under 11 U.S.C.S. §§ 547, 548, and various provisions of the Illinois Uniform Fraudulent Transfer Act. Before the court was defendants' motion to dismiss adversary complaint.
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Court
:
Still v. Grant Konvalinka & Harrison PC (In re McKenzie)
Oct
29
2012
Ruling
Equitable tolling applied to limitations period on trustee's objection to creditor's claim due to creditor's failure to timely disclose interests.
Procedural posture
Trustee's adversary complaint asserted objections to a creditor's claim per 11 U.S.C.S. § 506(d) and 11 U.S.C.S. § 544(a), claims to set aside and void transfers per 11 U.S.C.S. § 547 and 11 U.S.C.S. § 548, claims to subordinate per 11 U.S.C.S. § 510. Movant here sought partial summary judgment on its claim that the statute of limitations in 11 U.S.C.S. § 546(a) was tolled and did not bar relief on his claims under § 547 and § 548.
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Court
:
Wofford v. JPMorgan Chase Bank (In re Wofford)
Jul
30
2012
Ruling
Avoidance proceeding dismissed as filed more than two years after petition date.
Procedural posture
Creditor moved to dismiss the adversary complaint of debtors and the trustee, which sought to avoid the security interest of the creditor in real property owned by the debtors.
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Court
:
Myers v. Raynor (In re Raynor)
Jun
04
2009
Ruling
Bankruptcy appellate panel refused to reconsider bankruptcy court's finding that trustee's avoidance proceeding was not time barred despite reservation of appeal of the issue in approved settlement.
Procedural posture
Plaintiff filed an adversary proceeding against defendant, a chapter 7 debtor's wife, seeking an order avoiding transfers the debtor made to his wife. The bankruptcy court for the District of Nebraska approved a stipulated judgment which settled the trustee's action but allowed appellant debtor and his wife to appeal the issue of whether the trustee's action was time-barred. The debtor and his wife appealed.
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Court
:
Judge or Jurisdiction information not available