- 11 U.S.C.
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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Court
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