Legal Opinion

In Re Irfm, Inc., Debtor. Robert P. Mosier, Trustee v. Kroger Company

Court of Appeals for the Ninth Circuit

Decided November 27, 1995No. 94-55235PublishedCited by 23 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

We must decide whether the statute of limitations under the pre-1994 version of the Bankruptcy Code begins running — for a Chapter 7 trustee to bring an avoidance action — from the time the bankruptcy petition is filed or from the time the trustee is appointed.

I

The relevant dates in this ease are as follows:

On July 22,1988, IRFM, Inc. filed a Chapter 11 bankruptcy petition.

On October 3,1989, the case was converted to a Chapter 7 bankruptcy.

On October 14, 1989, Robert Mosier was appointed as the Chapter 7 trustee.

On October 11,1991, Mosier filed the complaint in this…

2Cases cited6 opinions

  1. 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
  2. In Re Century Brass Products, Inc., Debtor. U.S. Brass & Copper Company v. Jerome E. CaplanCourt of Appeals for the Second Circuit · 1994
  3. In Re Coastal Group Inc.Court of Appeals for the Third Circuit · 1994
  4. Dumas v. Research Testing Lab, Inc. (In Re EPI Products USA, Inc.)United States Bankruptcy Court, C.D. California · 1993
  5. Clark Oil & Trading Co. v. Haberbush (In Re Sahuaro Petroleum & Asphalt Co.)District Court, C.D. California · 1994

1 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. In Re Kaypro, Debtor. Arrow Electronics, Inc. v. Howard Justus, Trustee, in Re Kaypro, Debtor. Arrow Electronics, Inc., Successor-In-Interest to Schweber Electronics, Inc. v. Howard Justus, TrusteeCourt of Appeals for the Ninth Circuit · 2000
  2. In Re Daniel C. Hanna, Debtor. John Mitchell, Inc., Trustee v. John SteinbruggeCourt of Appeals for the Ninth Circuit · 1995
  3. In Re: Compuadd CorporationCourt of Appeals for the Fifth Circuit · 1998
  4. Young v. Paramount Communications Inc. (In Re Wingspread Corp.)District Court, S.D. New York · 1995
  5. Arrow Electronics, Inc. v. Justus (In Re Kaypro)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API