§ 546(a)

Singer v. Kimberly Clark Corp. (In re American Pad & Paper Co.)

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), and the District Court for the District of Delaware affirmed. The trustee appealed.
Ruling: 
Avoidance proceedings filed by trustee appointed more than two years after order for relief were untimely.
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Goldberg v. Craig (In re Hydro-Action Inc.)

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.
Ruling: 
Alleged insiders of corporate debtor were granted summary judgment on the grounds that the preferential transfer claims were made untimely.
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Mullen v. Kalil (In re Mullen)

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), and 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.
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.
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Vaughan v. Meridan Natl Corp. (In re Ottawa River Steel Co.)

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.
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.
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