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§ 546(a)

Myers v. Raynor (In re Raynor)

Oct
27
2008
Ruling
Bankruptcy court denied motion to dismiss timely filed adversary proceeding.
Procedural posture

Plaintiff filed an adversary proceeding against defendant a debtor's spouse, to avoid certain transfers made by intervenor debtor to his spouse. The debtor filed a motion to dismiss, claiming that the adversary proceeding was time barred.

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Consumer opinion summary, case decided on October 27, 2008 , LexisNexis #0109-034
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Newton v. Wells Fargo Fin. Inc. (In re Dill)

Jun
03
2008
Ruling
Avoidance proceeding dismissed as untimely where there was no basis for tolling two-year statute of limitations.
Procedural posture

A chapter 7 trustee filed an adversary proceeding seeking to avoid the lien of a creditor pursuant to 11 U.S.C.S. § 547(b), that the avoided lien be preserved for the benefit of the estate, and that the statute of limitations under 11 U.S.C.S. § 546 be tolled due to the willful failure of the creditor to provide proof of its security interest and to file a proof of claim. The creditor moved for summary judgment.

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Consumer opinion summary, case decided on June 03, 2008 , LexisNexis #0708-062
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Markus v. Fried (In re Geneva Steel LLC)

May
14
2008
Ruling
Two-year statute of limitations for avoidance of transfer was tolled due to debtor's nondisclosure.
Procedural posture

Plaintiffs, a chapter 11 trustee and others, filed an adversary proceeding against defendants, a Delaware corporation and others, seeking an order avoiding the transfer of real property to the Delaware corporation. The parties filed cross-motions for summary judgment on the issue of whether the two-year statute of limitations imposed by 11 U.S.C.S. § 546(a) had expired.

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Commercial opinion summary, case decided on May 14, 2008 , LexisNexis #0608-064
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Singer v. Kimberly Clark Corp. (In re American Pad & Paper Co.)

Mar
02
2007
Ruling
Avoidance proceedings filed by trustee appointed more than two years after order for relief were untimely.
Procedural posture

Appellant chapter 7 trustee filed actions in debtors'bankruptcy proceedings to avoid preferences. The bankruptcy court dismissed the actions as untimely under 11 U.S.C. § 546(a), the District Court for the District of Delaware affirmed. The trustee appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 02, 2007 , LexisNexis #0407-024
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Goldberg v. Craig (In re Hydro-Action Inc.)

Mar
14
2006
Ruling
Alleged insiders of corporate debtor were granted summary judgment on the grounds that the preferential transfer claims were made untimely.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, alleged insiders of a corporate bankruptcy debtor, seeking to avoid alleged fraudulent, preferential, and postpetition transfers. The insiders moved for summary judgment based on the limitations period of 11 U.S.C. § 546(a) and based on lack of evidence of postpetition transfers.

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opinion summary, case decided on March 14, 2006 , LexisNexis #0406-131
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Mullen v. Kalil (In re Mullen)

Feb
01
2006
Ruling
Debtor's action to avoid transfers to the debtor's former husband was time barred since the action was already disclosed in the debtor's discharged chapter 7 case and could not be revived by reopening the case and converting to chapter 11.
Procedural posture

Plaintiff debtor sued defendant former husband alleging that the transfers of a lease and a business were avoidable as fraudulent transfers under 11 U.S.C. § 548, the transfers of the lease and the business were avoidable under 11 U.S.C. § 544(b), the transfers of the lease and the business were avoidable preferences under 11 U.S.C. § 547(b). The former husband filed a motion for summary judgment.

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opinion summary, case decided on February 01, 2006 , LexisNexis #0306-024
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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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