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
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