Bankr. No.:
16-50207
Adv. No.:
24-5002
Chapter:
7
Date of Decision:
September 19, 2024
Issue:
Whether either party was entitled to summary judgment concerning the trustee-plaintiff's complaint to avoid the post-petition transfer of real property from the debtor to the defendant pursuant to 11 U.S.C. §549?
Ruling:
Yes, the Court granted the defendant’s motion for summary judgment, and denied the trustee-plaintiff's motion. The adversary proceeding was commenced well outside the two-year statute of limitations period so it was time-barred under 11 U.S.C. §549(d), and the trustee-plaintiff did not establish the statute of limitations was equitably tolled.
Full Bankruptcy Court Decision:
