- 11 U.S.C.
OPP Liquidating Co., In re--Buchwald Cap. Advisors LLC v. Schoen
Apr
09
2024
Ruling
Claims for breach of fiduciary duty that took place three years before the petition date weretime barred despite post-petition extension due to provisions of state fraudulent concealmentlaw. (Bankr. D. Del.)
Issue(s)
Extension of Time; Commencement of Action by Trustee; Post Relief Order.
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Court
:
Kwok, In re
Feb
15
2024
Ruling
Trustee was entitled to extend the statutes of limitations for filing avoidance proceedings,pursuant to the relevant sections of the Bankruptcy Code. (Bankr. D. Conn.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.
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Court
:
Uplift Rx, LLC, In re--Austin v. Brown & Fortunato, P.C.
Aug
21
2023
Ruling
Adversary proceeding dismissed as the statute of limitations expired prior to effective date oftolling agreement. (Bankr. S.D. Tex.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.
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Court
:
Cyrus Capital Partners, L.P.
Apr
29
2021
Ruling
Plaintiff's avoidance claims were timely because tolling was triggered by filing of Chapter15 petition. (Bankr. S.D.N.Y.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.
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Court
:
Start Man Furniture, LLC, In re
Mar
08
2020
Ruling
Trustee's claims were appropriately dismissed as time-barred as the trustee did not timely file its complaint. (Bankr. D. Del.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.
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Court
:
Canada v. United States IRS
Feb
20
2020
Ruling
Debtor’s post-petition claim for attorney's fees he incurred fighting tax penalties was untimelyas the 30-day limitations period was not tolled. (5th Cir.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.
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:
Judge or Jurisdiction information not available
Hatton v. TD Bank, N.A. (In re Hatton)
Feb
07
2018
Ruling
Chapter 13 debtors were not entitled to the protections of 11 U.S.C.S. § 108(a) as it applies toactions that may be commenced by a "trustee," not to actions commenced by a "debtor." (Bankr.D.N.H.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.
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Court
:
Carbide Indus., LLC v. Lecessee Constr. Servs., LLC (In re Carbide Indus., LLC)
Nov
10
2016
Ruling
Reorganized debtor’s foreclosure proceeding was not time-barred. (Bankr. M.D. Fla.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.
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Court
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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
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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
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