Boatman v. Furnia (In re Sutera)
United States Bankruptcy Court, D. Connecticut
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
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- 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
- Ira L. Hart v. United StatesCourt of Appeals for the Ninth Circuit · 1987
- 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
- 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
- Hirsch v. Harper (In Re Colonial Realty Co.)United States Bankruptcy Court, D. Connecticut · 1994
- Southern Technical College v. Arkansas Television Co. (In Re Southern Technical College, Inc.)United States Bankruptcy Court, E.D. Arkansas · 1994
- Matter of SuteraUnited States Bankruptcy Court, D. Connecticut · 1993