Good v. Daff (In re Swintek)
Dec
18
2015
Ruling
Bankruptcy court erred in not finding that state lien was not extended upon filing and imposition of the automatic stay.
Issue(s)
Did the bankruptcy court err in holding that one-year expiration on creditor's lien was not tolled or extended during pendency of debtor's bankruptcy?
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Court
:
Judge or Jurisdiction information not available
MERV Props. LLC v. Friedlander (In re MERV Props. LLC)
May
04
2015
Ruling
Debtor's claim against lenders under state law was time-barred and the statute of limitations not extended.
Issue(s)
Should summary judgment be granted in favor of defendants in debtor's state law proceeding against lenders alleging breach of contract, fraud, theft and breach of fiduciary duty?
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Court
:
Eugenia VI Venture Holdings Ltd. v. Maplewood Holdings LLC (In re AMC Investors LLC)
Jan
23
2015
Ruling
Claim against debtor's officers and directors was subject to issue and claim preclusion and barred by statute of limitations that expired prior to date of involuntary petition.
Issue(s)
Whether, in light of earlier federal litigation, debtors were entitled to summary judgment dismissing former officers' and directors' affirmative defenses of claim and issue preclusion, and whether debtors were entitled to summary judgment dismissing the officers' and directors' timeliness defenses.
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Court
:
Siegel v. Sony Elecs. Inc. (In re Circuit City Stores Inc.)
Sep
08
2014
Ruling
Trustee's claim to avoid a preferential transfer was not time barred as relating back to original complaint arising from same course of dealing.
Issue(s)
Whether trustee' preference claim barred by the applicable statutes of limitations?
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Court
:
- 11 U.S.C.
Vieira v. CertusBank Natl Assn (In re Ladd)
Sep
04
2014
Ruling
Trustee's state law causes of action for which suits were not filed within two years of petition date were time barred.
Issue(s)
Were trustee's actions relating to loan agreements time barred?
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Court
:
- 11 U.S.C.
Patrician Apts. LLC v. Popescu (In re Popescu)
May
27
2014
Ruling
Debtor not precluded from raising statute of limitations defense in nondischargeability proceeding as issue of whether statute had been tolled was a question of fact.
Issue(s)
Could debtor apartment manager raise a statute of limitations defense in apartment building owner suit for damages for which the owner alleged the statute of limitations had been tolled and was the owner entitled to summary judgment on its claim?
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Court
:
- 11 U.S.C.
West v. GJ Tax Sale Props. LLC (In re West)
May
22
2014
Ruling
Tax sale was void due to untimely notice to debtor.
Issue(s)
Should tax sale be set aside as void where debtor did not receive notice in accordance with state law.
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Court
:
- 11 U.S.C.
Crawford v. Teague (In re Teague)
Mar
07
2014
Ruling
Trustee entitled to additional recovery of fraudulent transfers made up to four years prior to petition date.
Issue(s)
Should trustee be allowed to recover transfers that occurred more than two years prior to the filing of the petition date, transfers made by a corporation and post-petition transfers?
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Court
:
- 11 U.S.C.
Cestone v. First Natl Cmty. Bank (In re Cestone)
Mar
07
2014
Ruling
Statute of limitations on state uniform fraudulent transfer act that had not expired on petition date was extended so that trustee's adversary proceeding thereunder was timely.
Issue(s)
Was trustee's avoidance proceeding under state uniform fraudulent transfer act timely?
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Court
:
USACM Liquidating Trust v. Deloitte & Touche
Feb
18
2014
Ruling
Statute of limitations for debtor's cause of action, which expired prior to petition date, could not be extended.
Issue(s)
Was bankruptcy litigation trust's action against debtor's outside auditor for wrongfully issuing unqualified audit opinions, thereby concealing the misappropriations of the owners and controllers of the debtor, properly dismissed as imputed to debtor and not eligible for extension of limitations period, which expired prior to petition date?
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Court
:
Judge or Jurisdiction information not available