§ 546(a)(1)

Chieftain Steel, In re

Ruling: 
Motion to vacate default judgment granted where creditor had meritorious defenses totrustee's preference claims which were barred by the statute of limitations. (Bankr. W.D. Ky.)
ABI Membership is required to access the full summary of Chieftain Steel, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 24,2019, LexisNexis #0819-011

Milby, In re--Milby v. Templeton

Ruling: 
One-year delay in filing fraudulent transfer action after the subject transfers were discovered did not prevent a finding of equitable tolling of the limitations period. (9th Cir.)
ABI Membership is required to access the full summary of Milby, In re--Milby v. Templeton. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on November 21,2017, LexisNexis #1217-110

Rentas v. TRM LLC (In re Malavet)

Ruling: 
Trustee's avoidance proceeding initiated more than two years after entry of order for relief dismissed as time barred.
ABI Membership is required to access the full summary of Rentas v. TRM LLC (In re Malavet). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 31,2016, LexisNexis #0616-094

Templeton v. Milby (In re Milby)

Ruling: 
Bankruptcy court erroneously dismissed trustee's fraudulent transfer claims by erroneously finding that trustee's delay in bringing the claims barred application of equitable tolling.
ABI Membership is required to access the full summary of Templeton v. Milby (In re Milby). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 24,2016, LexisNexis #0316-096

Firstbank P.R. v. Mender (In re New York Mortg. Bankers Inc.)

Ruling: 
Trustee's late-filed preference counterclaim against creditor dismissed as time-barred.
ABI Membership is required to access the full summary of Firstbank P.R. v. Mender (In re New York Mortg. Bankers Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 13,2015, LexisNexis #0515-017

Templeton v. Milby (In re Milby)

Ruling: 
Trustee could not avoid transfers after the limitations period had expired absent equitable tolling.
ABI Membership is required to access the full summary of Templeton v. Milby (In re Milby). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 02,2015, LexisNexis #0315-126

Freeland v. CPA Warehouse (In re Livemercial Aviation Holding LLC)

Ruling: 
Equitable tolling applied due to trustee's inability to obtain information about fraudulent transfer claim.
ABI Membership is required to access the full summary of Freeland v. CPA Warehouse (In re Livemercial Aviation Holding LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 26,2014, LexisNexis #0414-124

Bernstein v. Evergreen Line (In re Berkline)

Ruling: 
Post-statute of limitations amended complaint in avoidance proceeding related back to original filing.
ABI Membership is required to access the full summary of Bernstein v. Evergreen Line (In re Berkline). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 06,2013, LexisNexis #0813-126

Burtch v. Opus LLC (In re Opus East LLC)

Ruling: 
Amendments to complaint in avoidance proceeding allowed due to equitable tolling of statute of limitations.
ABI Membership is required to access the full summary of Burtch v. Opus LLC (In re Opus East LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 06,2013, LexisNexis #0813-125

Fogel v. Shabat (In re Draiman)

Chapter 7 trustee's complaint alleged causes of action under 11 U.S.C.S. §§ 547, 548, and various provisions of the Illinois Uniform Fraudulent Transfer Act. Before the court was defendants' motion to dismiss adversary complaint.
Ruling: 
Statute of limitations for avoidance proceedings ran from date interim trustee began service where trustee later became permanent.
ABI Membership is required to access the full summary of Fogel v. Shabat (In re Draiman). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 27,2012, LexisNexis #1212-123

Pages

Subscribe to § 546(a)(1)