Legal Opinion

Reese v. First Tennessee Bank, N.A. (In Re Brook Meade Health Care Center, Inc.)

United States Bankruptcy Court, M.D. Tennessee

Decided March 16, 1994No. Bankruptcy No. 91-04724-KL3-11. Adv. No. 393-0380APublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether a Chapter 11 trustee’s two-year period within which to commence an avoidance action under 11 U.S.C. § 546(a)(1) is counted from the appointment of the trustee or from the (earlier) filing of the petition. The two years is counted from the appointment of the trustee. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052.

I

Brook Meade Health Care Center, Inc. filed Chapter 11 on May 10, 1991. On September 18, 1991 the plaintiff was appointed trustee. On September 15, 1993, the trustee filed…

2Cases cited34 opinions

Zilkha Energy Company v. Arthur Leighton, Verna Leighton, George W. Leighton, Susan Kay Stansberry, Ann E. Thompson, and Michael Frank ThompsonCourt of Appeals for the Tenth Circuit · 1990
In Re Coastal Group Inc.Court of Appeals for the Third Circuit · 1994
Stuart v. Pingree (In Re Afco Development Corp.)United States Bankruptcy Court, D. Utah · 1986
Bonwit Teller, Inc. v. Jewelmasters, Inc. (In Re Hooker Investments, Inc.)United States Bankruptcy Court, S.D. New York · 1994
Ford v. Union Bank (In re San Joaquin Roast Beef)Court of Appeals for the Ninth Circuit · 1993

29 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

Schwartz v. Kursman (In Re Harry Levin, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1994
Gazes v. Kesikrodis (In Re Ted A. Petras Furs, Inc.)United States Bankruptcy Court, E.D. New York · 1994
Liebersohn v. Rental Tools/Equipment (In Re Nelson Co.)United States Bankruptcy Court, E.D. Pennsylvania · 1994
Hirsch v. Harper (In Re Colonial Realty Co.)United States Bankruptcy Court, D. Connecticut · 1994
Feltman v. General Motors Acceptance Corp. (In Re TUSA Florida, Inc.)United States Bankruptcy Court, S.D. Florida. · 1995

7 more not listed; retrieve them via the Exa API.