Legal Opinion

Singer v. Franklin Boxboard Co. (In Re American Pad & Paper Co.)

District Court, D. Delaware

Decided October 28, 2003No. Bankruptcy Nos. 00-66 to 00-68, 00-70 to 00-72 (PJW), Adversary Nos. 02-5727 (JKF), 02-6655 (JKF), 02-6246 (JKF)PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

JUDITH K. FITZGERALD, Chief Judge.

In each of the above-captioned adversaries the chapter 7 Trustee filed complaints seeking to avoid transfers under § 547 and § 549. The Defendants’ dispositive motions and briefs as well as the Trustee’s briefs in all three adversaries address only the statute of limitations under § 546. None of them address the statutes of limitations under § 549. With respect to the counts under § 547 we find that the statute of limitations expired before the adversary actions were filed. The outcome with respect to the allegations in the complaint under…

2Cases cited4 opinions

  1. Kroh v. T.R.M. Mfg. (In Re Conco Building Supplies, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
  2. Ravick v. Mellon Bank, N.A. (In Re Chequers, Ltd.)United States Bankruptcy Court, W.D. Pennsylvania · 1986
  3. Glosser v. S & T Bank (In Re Ambulatory Medical & Surgical Health Care, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1995
  4. Mendelsohn v. Sequa Financial Corp. (In Re Frank Santora Equipment Corp.)District Court, E.D. New York · 1999

3Cited by8 opinions

  1. In Re American Pad & Paper Company, Debtor. Steven G. Singer, Chapter 7 Trustee v. Franklin Boxboard Co. A/K/A Franklin Boxboard Company Bennington Paperboard Company, Divisions of the Newark Group Inc. Margaret Harrison, Trustee. In Re American Pad & Paper Company, Debtor. Steven G. Singer, Chapter 7 Trustee v. Kimberly-Clark Corporation D/b/a/ Neenah Papers. Margaret Harrison, Trustee. In Re American Pad & Paper Company, Debtor. Steven G. Singer, Chapter 7 Trustee v. Frontier Communications of America Inc. Frontier Communications of Fairmont Inc. Frontier Communications of Georgia Inc., D/B/A Frontier Communications Service. Margaret Harrison, Trustee. In Re American Pad & Paper Company, Debtor. Steven G. Singer, Chapter 7 Trustee v. Strategic Paper Group, LLC Margaret Harrison, TrusteeCourt of Appeals for the Third Circuit · 2007
  2. Singer v. Franklin Boxboard Co.Court of Appeals for the Third Circuit · 2007
  3. Singer v. Kimberly-Clark Corp. (In Re American Pad & Paper Co.)United States Bankruptcy Court, D. Delaware · 2004
  4. Cabardo v. PatacsilUnited States Bankruptcy Court, E.D. California · 2023
  5. Cabardo v. PatacsilUnited States Bankruptcy Court, E.D. California · 2023

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