Simonetti Development, LTD. v. Hillard Development Corp. (In Re Hillard Development Corp.)

OPINION REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND RELATED MOTIONS

JAMES D. GREGG, Chief Judge. 1

I.ISSUE

Although this opinion addresses a variety of issues, the principal question is whether a statute of limitations defense may defeat a creditor’s rights under a previously confirmed chapter 11 plan.

II.JURISDICTION

The court has subject matter jurisdiction over this adversary proceeding pursuant to 28 U.S.C. §§ 1334 and 157. The proceeding is a core proceeding under 28 U.S.C. § 157(b)(2)(K) (“determinations of the validity, extent, or priority of liens”). 2

III.DISCUSSION REGARDING…