Legal Opinion
Lindquist v. FMB-First Michigan Bank (In Re Dryland Marina, Inc.)
United States Bankruptcy Court, W.D. Michigan
Decided April 4, 1995No. 15-03757PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
JO ANN C. STEVENSON, Bankruptcy Judge.
In this case, we address whether the appointment of a Chapter 7 trustee upon the conversion of a case in which a Chapter 11 trustee has served begins a new two year statute of limitations period pursuant to 11 U.S.C. § 546(a)(1). 1 This issue has been the subject of debate within circuits throughout the country. Courts considering this question have weighed the statute’s “plain meaning” against bankruptcy policy and have reached remarkably different results. It is this inconsistent…
2Cases cited12 opinions
- Seatrain Shipbuilding Corp. v. Shell Oil Co.Supreme Court of the United States · 1980
- Barnes v. CohenCourt of Appeals for the Third Circuit · 1984
- Schwartz v. Kursman (In Re Harry Levin, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1994
- Stuart v. Pingree (In Re Afco Development Corp.)United States Bankruptcy Court, D. Utah · 1986
- Martino v. ASSCO Associates, Inc. (In Re SSS Enterprises, Inc.)United States Bankruptcy Court, N.D. Illinois · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re M & L Business MacHine Company, Inc., Debtor. Christine J. Jobin, Trustee of the Estate of M & L Business MacHine Company, Inc. v. Vincent Boryla, Also Known as V.J. Boryla, as Trustee of the Eagle Trace Employee Pension Plan Eagle Trace Employee Pension Plan, and Vincent Boryla, Also Known as V.J. Boryla, Individually Robert G. Joseph, in Re M & L Business MacHine Company, Inc., Debtor. Christine J. Jobin, Trustee of the Estate of M & L Business MacHine Company, Inc. v. Freda Vizcarra, Erroneously Sued as Fernando or F. VizcarraCourt of Appeals for the Tenth Circuit · 1996
- In Re American Pad & Paper Company, Debtor. Steven G. Singer, Chapter 7 Trustee v. Franklin Boxboard Co. A/K/A Franklin Boxboard Company Bennington Paperboard Company, Divisions of the Newark Group Inc. Margaret Harrison, Trustee. In Re American Pad & Paper Company, Debtor. Steven G. Singer, Chapter 7 Trustee v. Kimberly-Clark Corporation D/b/a/ Neenah Papers. Margaret Harrison, Trustee. In Re American Pad & Paper Company, Debtor. Steven G. Singer, Chapter 7 Trustee v. Frontier Communications of America Inc. Frontier Communications of Fairmont Inc. Frontier Communications of Georgia Inc., D/B/A Frontier Communications Service. Margaret Harrison, Trustee. In Re American Pad & Paper Company, Debtor. Steven G. Singer, Chapter 7 Trustee v. Strategic Paper Group, LLC Margaret Harrison, TrusteeCourt of Appeals for the Third Circuit · 2007
- Glosser v. S & T Bank (In Re Ambulatory Medical & Surgical Health Care, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1995
- Burtch v. Georgia-Pacific Corp. (In Re Allied Digital Technologies Corp.)United States Bankruptcy Court, D. Delaware · 2003
- Jobin v. BorylaCourt of Appeals for the Tenth Circuit · 1996
3 more not listed; retrieve them via the Exa API.