Legal Opinion

Kroh v. T.R.M. Mfg. (In Re Conco Building Supplies, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 31, 1989No. BAP No. CC-88-1901 MoVJ, Bankruptcy No. SA 82-04309 JB, Adv. No. SA 86-0454 JBPublishedCited by 24 opinions

1Opinion of the Court

OPINION

Before MOOREMAN, VOLINN and JONES, Bankruptcy Judges. MOOREMAN, Bankruptcy Judge:

This appeal arises from the bankruptcy court’s dismissal of the appellant’s complaint which sought to recover $20,000 as a preferential transfer pursuant to 11 U.S.C. § 547. The bankruptcy court concluded that the two-year time limitation for filing such actions had passed and, therefore, the complaint was untimely under § 546(a)(1). We reverse.

FACTS

Although originally commenced as a Chapter 11 proceeding, the underlying bankruptcy case was converted to a Chapter 7 on February 23, 1984. Pursuant to § 341…

2Cases cited4 opinions

  1. Federal Deposit Insurance Corp. v. Wenberg (In Re Wenberg)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  2. Williams v. California 1st BankCourt of Appeals for the Ninth Circuit · 1988
  3. Fitzgerald v. Bertram (In Re Killian Construction Co.)United States Bankruptcy Court, D. Idaho · 1982
  4. Rusch Factor Division v. Miller (In Re Mission Carpet Mills, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981

3Cited by24 opinions

  1. General Electric Capital Auto Lease, Inc. v. Broach (In Re Lucas Dallas, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  2. Schwartz v. Kursman (In Re Harry Levin, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1994
  3. In Re Parmetex, Inc.Court of Appeals for the Ninth Circuit · 1999
  4. Steege v. Lyons (In Re Lyons)United States Bankruptcy Court, N.D. Illinois · 1991
  5. Grella v. Zimmerman (In Re Art & Co.)United States Bankruptcy Court, D. Massachusetts · 1995

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