Legal Opinion
Callahan v. Moore (In re General Creations, Inc.)
United States Bankruptcy Court, W.D. Virginia
Decided February 28, 2006No. Bankruptcy No. 03-01782; Adversary Nos. 05-07092, 05-07093, 05-07094, 05-07095PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION
WILLIAM F. STONE, JR., Bankruptcy Judge.
The matter before the Court is the affirmative defense raised by each Defendant in his Motion to Dismiss that the statute of limitations set forth in 11 U.S.C. § 546(a) expired before the adversary proceeding was filed. A hearing was held on the Motion to Dismiss on February 1, 2006. At that time, the Court took the matter under advisement and requested written argument from counsel. Both parties have since submitted written arguments to the Court. The matter is now ready for decision. For the reasons noted below, the Court concludes…
2Cases cited5 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
- United States v. James Marcello and Anthony ZizzoCourt of Appeals for the Seventh Circuit · 2000
- United States v. HurstCourt of Appeals for the Tenth Circuit · 2003
- Olivo Ayala v. Lopez FelicianoDistrict Court, D. Puerto Rico · 1990
3Cited by5 opinions
- Myers v. Raynor (In Re Raynor)Court of Appeals for the Eighth Circuit · 2010
- Myers v. Raynor (In Re Raynor)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2009
- Ehrenberg v. Sage Group Consulting. IncUnited States Bankruptcy Court, E.D. New York · 2024
- In the Matter of: JSMITH CIVIL, LLC v. CLANCY & THEYS CONSTRUCTION CO., SEABOARD I, LLC, and PRESTON RIDGE HOLDINGS JV, LLCUnited States Bankruptcy Court, E.D. North Carolina · 2026
- Richard D. Myers v. Maureen RaynorUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2009