Legal Opinion
Jobin v. Boryla
Court of Appeals for the Tenth Circuit
Decided January 24, 1996No. Nos. 94-1550, 94-1554PublishedCited by 2 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
These appeals present a fairly straightforward legal question: Whether the former 11 U.S.C. § 546(a)’s two-year limitations period for avoidance actions begins to run anew following conversion to Chapter 7 proceedings and the appointment of a second trustee. Bankruptcy courts have reached contrary results. The two circuit courts that have addressed this issue have both held that § 546(a)’s language unambiguously provides for a single two-year time frame, beginning with the appointment of the first trustee, during which that trustee, or any subsequently appointed trustee,…
2Cases cited16 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United States v. KubrickSupreme Court of the United States · 1979
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Zilkha Energy Company v. Arthur Leighton, Verna Leighton, George W. Leighton, Susan Kay Stansberry, Ann E. Thompson, and Michael Frank ThompsonCourt of Appeals for the Tenth Circuit · 1990
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3Cited by2 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
- Pergament v. Yerushalmi (In Re Yerushalmi)District Court, E.D. New York · 2010