Legal Opinion

Boudreaux v. Hall Oil Co. (In re Butler Logging, Inc.)

United States Bankruptcy Court, S.D. Georgia

Decided September 17, 2015No. Case Number 11-30148; Adversary Proceeding Number 15-03002Published

1Opinion of the Court

OPINION AND ORDER

SUSAN D. BARRETT, CHIEF UNITED STATES BANKRUPTCY JUDGE

Before the Court is a Motion to Dismiss filed by Hall Oil Company (“Hall”) seeking dismissal of the Chapter 7 Trustee’s (“Trustee”) 11 U.S.C. § 547 and O.C.G.A. § 18-2-74 complaint arguing the complaint is barred by the statute of limitations. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F) and the Court has jurisdiction under 28 U.S.C. § 1334. For the following reasons, Hall’s motion to dismiss is granted.

FINDINGS OF FACT

Butler Logging, Inc. (“Debtor”) filed its chapter 11 bankruptcy petition on April 1,…

2Cases cited27 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  4. IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
  5. Speaker v. U.S. Department of Health & Human Services Centers for Disease Control & PreventionCourt of Appeals for the Eleventh Circuit · 2010

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