Legal Opinion
Compuadd Corp. v. Texas Instruments Inc.
Court of Appeals for the Fifth Circuit
Decided April 8, 1998No. 97-50368PublishedCited by 1 opinion
1Opinion of the Court
DUHÉ, Circuit Judge:
The Defendants appeal the district court’s remand of a preferential avoidance action. That court determined that the two-year statute of limitations in 11 U.S.C. § 546(a)(1) governing trustees does not apply to such action brought by a debtor-in-possession. For reasons that follow, we reverse the district court’s decision and affirm the Bankruptcy Court’s dismissals on statutory limitations grounds.
I
CompuAdd Corporation (“CompuAdd”) filed a Chapter 11 bankruptcy petition June 22, 1993. Because no trustee was appointed, it became the debtor-in-possession (“DIP”) at that…
2Cases cited16 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Kelly v. RobinsonSupreme Court of the United States · 1986
- United States v. Heirs of BoisdoréSupreme Court of the United States · 1849
- 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 by1 opinion
- In Re: Compuadd CorporationCourt of Appeals for the Fifth Circuit · 1998