Legal Opinion
Litzler v. Cooper (In re Margaux Texas Ventures, Inc.)
United States Bankruptcy Court, N.D. Texas
Decided May 22, 2014No. CASE NO. 10-31786-SGJ-7; Adversary No. 13-03221PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER PARTIALLY GRANTING AND PARTIALLY DENYING THE MOTION TO DISMISS FILED BY DEFENDANT, SUZAN COOPER [DE #5]
STACEY G. JERNIGAN, United States Bankruptcy Judge
A. Introduction
This Memorandum Opinion and Order primarily addresses the following question: Is a claim objection, brought pursuant to section 502(d) of the Bankruptcy Code (i.e., premised upon the notion that the claimant received an avoidable/récoverable transfer of property that has not yet been returned), time-barred if not brought within the same time frame required for an avoidance action, under section 546…
2Cases cited54 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Stern v. MarshallSupreme Court of the United States · 2011
- Collins v. Morgan Stanley Dean WitterCourt of Appeals for the Fifth Circuit · 2000
- Katchen v. LandySupreme Court of the United States · 1966
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3Cited by4 opinions
- Clapper v. American Realty Investors IncDistrict Court, N.D. Texas · 2019
- Miller as Chapter 7 Trustee v. New Penn Financial, LLC, d/b/a Shellpoint MortgageUnited States Bankruptcy Court, N.D. Georgia · 2019
- Miller as Chapter 7 Trustee v. New Penn Financial, LLC, d/b/a Shellpoint MortgageUnited States Bankruptcy Court, N.D. Georgia · 2020
- Portuesi v. The Bank of New York Mellon Trust Company, N.A.United States Bankruptcy Court, M.D. North Carolina · 2021