Miller v. MBM Corp. (In re Ameriking Inc.)

Pre 2005-Act: 
Pre 2005-Act
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.
Issue: 
ABI Membership is required to access the full summary of Miller v. MBM Corp. (In re Ameriking Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member