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§ 549(d)

Nationwide Ambulance Servs., In re--Isaacson v. Ivchenko

Sep
06
2019
Ruling
Trustee could not use relation back rule to avoid and recover post-petition transfers whereclaim was time barred. (Bankr. D.N.J.)
Issue(s)
Post-petition Transactions; Statute of Limitations.

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Commercial opinion summary, case decided on September 06, 2019 , LexisNexis #1119-012
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Gugino v. Turner (In re Clark)

Sep
18
2015
Ruling
Trustee's proceeding to avoid sale of tractor by chapter 12 debtor completed prior to conversion to chapter 7 was time barred.
Issue(s)
Could trustee avoid transfer of chapter 12 debtor's tractor completed prior to conversion of the case to chapter 7?

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Consumer opinion summary, case decided on September 18, 2015 , LexisNexis #1015-054
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Manty v. Bougie (In re Bougie)

May
16
2014
Ruling
Trustee could avoid unauthorized postpetition mortgage.
Issue(s)
Could trustee avoid prepetition mortgage that debtor failed to disclose in schedules?

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Consumer opinion summary, case decided on May 16, 2014 , LexisNexis #0614-096
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Still v. Bowers (In re McKenzie)

May
16
2014
Ruling
Statute of limitations not tolled due to trustee's failure to be alerted by "red flags."
Issue(s)
Was trustee's avoidance proceeding barred by the statute of limitations or was the statute tolled until the complaint was filed?

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Consumer opinion summary, case decided on May 16, 2014 , LexisNexis #0614-097
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Miller v. MBM Corp. (In re Ameriking Inc.)

Mar
02
2006
Ruling
Trustee was denied a motion to further amend a transfer avoidance action complaint on procedural grounds and since the proposed new cause of action was barred by Code section 549(d)'s two-year limitations period.
Procedural posture

Plaintiff chapter 7 trustee filed an original complaint seeking recovery from defendant transferee of eight alleged transfers aggregating $1,222,901 under 11 U.S.C. §§ 547, 548, 502(d) and 550. The amended complaint asserted the same claims as the original complaint, but added a new two-page exhibit "B," detailing 56 apparently additional transfers totaling $4,959,980. The trustee moved for leave to file a second amended complaint.

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opinion summary, case decided on March 02, 2006 , LexisNexis #0406-060
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