Legal Opinion

Larsen v. Munoz (In Re Munoz)

District Court, D. Colorado

Decided March 8, 1990No. 88-K-440, 88-K-528, Bankruptcy Nos. 86 B 5227 J, 87 E 667PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

The issue in this consolidated bankruptcy appeal is whether a creditor of the estate, Paula Larsen, has standing to bring a § 544(b) fraudulent conveyance action against the debtor, Raul Munoz. The bankruptcy court, in two separate orders, concluded that Larsen lacked standing to bring a fraudulent conveyance action because that right belongs only to the trustee under § 544(b) and Larsen’s claim was barred by the applicable statute of limitations. I affirm.

I. Facts.

The facts of this case are undisputed. In 1978, Ms. Larsen commenced an…

2Cases cited11 opinions

15 Collier bankr.cas.2d 563, Bankr. L. Rep. P 71,437 in Re McKeesport Steel Castings Company. In Re McKeesport Steel Castings Company, Debtor. Equitable Gas Co. v. Equibank N.A., Condec Corporation. Appeal of Equitable Gas Company, a Division of Equitable Resources, Inc., MovantCourt of Appeals for the Third Circuit · 1986
Hansen v. Finn (In Re Curry & Sorensen, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
Committee of Unsecured Creditors v. Monsour Medical Center (In Re Monsour Medical Center)United States Bankruptcy Court, W.D. Pennsylvania · 1980
Unsecured Creditors' Committee v. Farmers Savings Bank (In Re Toledo Equipment Co.)United States Bankruptcy Court, N.D. Ohio · 1983
In Re v. Savino Oil & Heating Co., Inc.United States Bankruptcy Court, E.D. New York · 1988

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

In the Matter of Martha Jo Pointer, Debtor. City of Farmers Branch and Carrollton-Farmers Branch Independent School District v. Martha Jo PointerCourt of Appeals for the Fifth Circuit · 1992
Rosania v. Haligas (In Re Dry Wall Supply, Inc.)District Court, D. Colorado · 1990
Kaliner v. Load Rite Trailers, Inc. (In Re Sverica Acquisition Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1995
SURF N SUN APTS., INC., RDMH v. DempseyDistrict Court, M.D. Florida · 1999
In Re BlountUnited States Bankruptcy Court, M.D. Louisiana · 2002

8 more not listed; retrieve them via the Exa API.