Legal Opinion
Coan v. O & G Industries, Inc. (In Re Austin Driveway Services, Inc.)
United States Bankruptcy Court, D. Connecticut
Decided March 10, 1995No. 19-30227PublishedCited by 25 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON MOTION FOR LEAVE TO AMEND COMPLAINT
ALAN H.W. SHIFF, Bankruptcy Judge.
The plaintiff seeks leave to file an amended complaint to avoid an alleged preferential transfer which was not challenged in the original complaint. Because the proposed amendment challenges a distinct transaction, I conclude that it does not relate back to the filing of the original complaint and is therefore time barred by § 546(a)(1).
BACKGROUND
This chapter 7 case was commenced by an involuntary petition filed by the defendant 0 & G Industries, Inc. on November 2, 1990. An order for relief entered…
2Cases cited27 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
- Richard Samuels v. Air Transport Local 504Court of Appeals for the Second Circuit · 1993
- The Travelers Insurance Company v. 633 Third AssociatesCourt of Appeals for the Second Circuit · 1994
- Aslanidis v. United States Lines, Inc.Court of Appeals for the Second Circuit · 1993
22 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Adelphia Recovery Trust v. Bank of America, N.A.District Court, S.D. New York · 2009
- Global Link Liquidating Trust v. Avantel, S.A. (In Re Global Link Telecom Corp.)United States Bankruptcy Court, D. Delaware · 2005
- Sokolski v. Trans Union Corp.District Court, E.D. New York · 1998
- Barr v. Charterhouse Group International, Inc. (In Re Everfresh Beverages, Inc.)United States Bankruptcy Court, S.D. New York · 1999
- Burtch v. Dent (In Re Circle Y of Yoakum)United States Bankruptcy Court, D. Delaware · 2006
20 more not listed; retrieve them via the Exa API.