Johnson Southwest, Inc. v. Harbert Energy Corp. (In Re Johnson Southwest, Inc.)
District Court, N.D. Texas
1Opinion of the Court
FITZWATER, District Judge:
This appeal and cross-appeal from a bankruptcy court judgment awarding a post-confirmation debtor a recovery for a preferential transfer presents the questions whether the action was time-barred under the pre-1994 version of 11 U.S.C. § 546(a)(1), and whether the limitations period was equitably tolled. The court reverses the judgment of the bankruptcy court.
I
In December 1990 various creditors of plaintiff-appellee Johnson Southwest, Inc. (“JSW”), formerly known as Hunt Energy Corporation (“Hunt Energy”), commenced involuntary bankruptcy proceedings against it. JSW…
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