Legal Opinion
Miller v. Jannetta (In re Irwin)
United States Bankruptcy Court, E.D. Pennsylvania
Decided April 15, 2014No. Bankruptcy No. 10-14407 ELF; Adversary No. 12-0383 ELFPublishedCited by 6 opinions
1Opinion of the Court
OPINION
ERIC L. FRANK, Chief Judge.
I. INTRODUCTION
In this adversary proceeding, the liquidating agent appointed pursuant to debt- or’s confirmed chapter 11 plan seeks to recover monies that the debtor advanced to the defendant roughly twenty (20) years before the commencement of this bankruptcy case. As one might expect, the central issue in the litigation is the applicability of the affirmative defense of the statute of limitations.
As explained more fully below, I conclude that the statute of limitations bars the liquidating agent’s recovery. Accordingly, judgment will be entered in favor of…
2Cases cited35 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Official Committee of Unsecured Creditors v. R.F. Lafferty & Co., Inc. Cogen Sklar, L.L.PCourt of Appeals for the Third Circuit · 2001
- Geruschat v. Ernst Young LLP (In Re Seven Fields Development Corp.)Court of Appeals for the Third Circuit · 2007
- Asousa Partnership v. Pinnacle Foods, Inc. (In Re Asousa Partnership)United States Bankruptcy Court, E.D. Pennsylvania · 2001
- In Re Kenneth E. Brannon, Kathy Fick Sippola, in 05-4600. In Re Thomas Michael Lewis, Debtors. Thomas Michael Lewis Sherry Michelle Lewis, in 05-5060Court of Appeals for the Third Circuit · 2007
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3Cited by6 opinions
- Philadelphia Entertainment & Development Partners, L.P. v. Pennsylvania Department of Revenue (In re Philadelphia Entertainment & Development Partners, L.P.)United States Bankruptcy Court, E.D. Pennsylvania · 2016
- In re HartUnited States Bankruptcy Court, E.D. Pennsylvania · 2015
- In re FreemanUnited States Bankruptcy Court, E.D. Pennsylvania · 2015
- Pettie v. Ringo (In re White)United States Bankruptcy Court, N.D. Georgia · 2016
- Isaacson v. IvchenkoUnited States Bankruptcy Court, D. New Jersey · 2019
1 more not listed; retrieve them via the Exa API.