Diane Weil v. Edward Elliott

I concur in the majority’s judgment and reasoning; 11 U.S.C. § 727(e)(1) is a waiva-ble and non-jurisdictional time bar. I write separately to further explain why I conclude that § 727(e)(1) is a statute of limitations, rather than a statute of repose.

There are “sometimes arcane distinctions” between statutes of limitations and statutes of repose, but the case law in this area is confusing because these limitation periods share many of the same attributes. See Underwood Cotton Co. v. Hyundai Merch. Marine (Am.), Inc., 288 F.3d 405, 409 (9th Cir. 2002). Both set time limits for bringing suits…