Legal Opinion
Construction Management Services, Inc. v. Manufacturers Hanover Trust Co.
Court of Appeals for the Third Circuit
Decided January 3, 1994No. 93-7349PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
LOUIS H. POLLAK, District Judge.
Manufacturers Hanover Trust Company (“MHT”) appeals from an order of the district court reversing the bankruptcy court’s order that dismissed an adversary proceeding brought by Construction Management Services (“CMS”) against MHT. The question raised by this appeal is whether the two-year limitations period found in § 546(a)(1) of the Bankruptcy Code applies to debtors-in-possession or only to trustees. Most courts that have considered this question have concluded that the § 546(a)(1) limitations period does not apply to…
2Cases cited19 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Oneida Motor Freight, Inc. v. United Jersey BankCourt of Appeals for the Third Circuit · 1988
- Zilkha Energy Company v. Arthur Leighton, Verna Leighton, George W. Leighton, Susan Kay Stansberry, Ann E. Thompson, and Michael Frank ThompsonCourt of Appeals for the Tenth Circuit · 1990
- Korvettes, Inc. v. Sanyo Electric, Inc. (In Re Korvettes, Inc.)District Court, S.D. New York · 1986
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3Cited by4 opinions
- In Re Coastal Group Inc.Court of Appeals for the Third Circuit · 1994
- Young v. Paramount Communications Inc. (In Re Wingspread Corp.)United States Bankruptcy Court, S.D. New York · 1995
- Compuadd Corp. v. Texas Instruments Inc.Court of Appeals for the Fifth Circuit · 1998
- United States v. Mercado (Townsend)Court of Appeals for the Second Circuit · 2009