Fitzgerald v. Bertram (In Re Killian Construction Co.)

MEMORANDUM DECISION

M.S. YOUNG, Bankruptcy Judge.

These adversary proceedings are currently before the court upon the agreement of the parties at pretrial conference. In each matter, a threshold issue is raised: whether the plaintiff trustee is barred from asserting the action due to the operation of 11 U.S.C. § 546(a)(1). This issue is submitted for determination prior to any further action in the adversary proceedings.

The parties have agreed that all relevant facts are contained in the proceeding file of In the Matter of Killian Construction Co., Inc., No. 80-00800, and this court may take…