Legal Opinion

Boatman v. Furnia (In re Sutera)

United States Bankruptcy Court, D. Connecticut

Decided August 10, 1993No. Bankruptcy No. 2-90-02737; Adversary Proceeding No. 2-93-2072PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER ON DEFENDANT’S MOTION TO DISMISS COMPLAINT

ROBERT L. KRECHEVSKY, Chief Judge.

I

ISSUE

The question presented by the defendant’s motion to dismiss the complaint1 is whether the plaintiff-trustee’s complaint to avoid alleged preferences and alleged fraudulent transfers is time barred because it was not filed within two years of the plaintiff-trustee’s appointment. See Code § 546(a).2 The following factual background is not in dispute.

II

BACKGROUND

On December 5, 1990 creditors filed an involuntary petition under chapter 7 of the Code against Joseph A. Sutera, the…

2Cases cited18 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Nelda Mattson v. U.S. West Communications, Inc., Service Investment Corporation, Doing Business as Service Investment Collection AgencyCourt of Appeals for the Eighth Circuit · 1992
  3. Ira L. Hart v. United StatesCourt of Appeals for the Ninth Circuit · 1987
  4. United Mine Workers of America, International Union v. Elizabeth H. Dole, in Her Capacity as Secretary of Labor, American Mining Congress, IntervenorCourt of Appeals for the D.C. Circuit · 1989
  5. Robert L. Rust v. Quality Car Corral, Inc. And the Provident BankCourt of Appeals for the Sixth Circuit · 1980

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3Cited by3 opinions

  1. Hirsch v. Harper (In Re Colonial Realty Co.)United States Bankruptcy Court, D. Connecticut · 1994
  2. Southern Technical College v. Arkansas Television Co. (In Re Southern Technical College, Inc.)United States Bankruptcy Court, E.D. Arkansas · 1994
  3. Matter of SuteraUnited States Bankruptcy Court, D. Connecticut · 1993

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