McCullough v. Leventhal (In Re Emergency Networks, Inc.)

FITZWATER, District Judge:

This bankruptcy appeal presents a question concerning the limitations period prescribed by the pre-1994 version of 11 U.S.C. § 546(a)(1). The court is asked to decide, with respect to a preference action brought by a trustee who succeeds a debtor in possession, whether the period commences on the date the chapter 11 debtor becomes a debtor in possession, or on the date of the trustee’s appointment. Because the bankruptcy court correctly denied a summary judgment motion in which appellant contended the preference action was time-barred, its order is affirmed.

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