Legal Opinion
Moister v. Young (In Re Young)
United States Bankruptcy Court, N.D. Georgia
Decided December 14, 1988No. 19-51510PublishedCited by 7 opinions
1Opinion of the Court
ORDER
STACEY W. COTTON, Bankruptcy Judge.
Before the court is defendant’s motion to dismiss this fraudulent transfer and preference complaint on the basis that the doctrine of laches bars plaintiff from proceeding against defendant. This is a core proceeding pursuant to 28 U.S.C. Section 157(b)(2)(F) and (H).
The period for commencing fraudulent transfer and preference actions is governed by the time limits imposed by 11 U.S.C. Section 546(a), which provides that an action under Sections 547 and 548 may not be commenced after the earlier of (1) two years after the appointment of a trustee under…
2Cases cited5 opinions
- Fitzgerald v. Bertram (In Re Killian Construction Co.)United States Bankruptcy Court, D. Idaho · 1982
- Salomon v. Pan American World Airways, Inc. (In Re Black & Geddes, Inc.)United States Bankruptcy Court, S.D. New York · 1983
- Michalski v. Singer (In Re Sin-Ko Inc.)United States Bankruptcy Court, N.D. Ohio · 1985
- Ansley Park Plumbing & Heating Co. v. Mikart, Inc. (In Re Mikart, Inc.)United States Bankruptcy Court, N.D. Georgia · 1981
- Taylor v. Birmingham Trust National Bank (In Re Modern Mix, Inc)United States Bankruptcy Court, S.D. Alabama · 1983
3Cited by7 opinions
- Steege v. Lyons (In Re Lyons)United States Bankruptcy Court, N.D. Illinois · 1991
- Matter of Giggles Restaurant, Inc.United States Bankruptcy Court, D. New Jersey · 1989
- Grella v. Zimmerman (In Re Art & Co.)United States Bankruptcy Court, D. Massachusetts · 1995
- Hunter v. Hansen (In Re Hansen)United States Bankruptcy Court, N.D. Ohio · 1990
- Caudill v. N.C. MacHinery, Inc. (In Re American Eagle Mfg., Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
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