Legal Opinion
Avalanche Maritime, Ltd. v. Parekh
Court of Appeals for the Ninth Circuit
Decided December 21, 1999No. 97-55671PublishedCited by 5 opinions
1Opinion of the Court
*1030Opinion by Judge BRUNETTI; Partial Concurrence and Partial Dissent by Judge McKEOWN.
BRUNETTI, Circuit Judge:
We must decide whether the statute of limitations under the pre-1994 version of the Bankruptcy Code begins running from the date of appointment of the interim trustee or from the date of qualification of the permanent trustee.
I
The relevant dates in this case are as follows:
1) On April 19, 1993, Parmetex, Inc. (“Parmetex”) filed a Chapter 7 bankruptcy petition.
2) On May 4, 1993, Charles Daff (“Daff’) accepted his appointment as interim trustee under 11 U.S.C. § 701.
3) The meeting of…
2Cases cited9 opinions
- In the Matter of Xonics Photochemical, Inc., Debtor. Appeal of Mitsui and Company (u.s.a.), IncCourt of Appeals for the Seventh 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
- Hansen v. Finn (In Re Curry & Sorensen, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
- In Re Gibson Group, Inc.Court of Appeals for the Sixth Circuit · 1995
- McCarthy v. Navistar Financial Corp. (In Re Vogel Van & Storage, Inc.)District Court, N.D. New York · 1997
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3Cited by5 opinions
- In Re Parmetex, Inc.Court of Appeals for the Ninth Circuit · 1999
- Sherman v. Securities & Exchange Commission (In Re Sherman)Court of Appeals for the Ninth Circuit · 2006
- Scott v. National Century Financial Enterprises, Inc. (In Re Baltimore Emergency Services II, Corp.)Court of Appeals for the Fourth Circuit · 2005
- Glinka v. MuradCourt of Appeals for the Second Circuit · 2002
- Estate of Spirtos v. One San Bernardino County Superior Court Case Numbered SPR 02211Court of Appeals for the Ninth Circuit · 2006