What is the statute of limitations for an action under section 546 of the Bankruptcy and Insolvency Act?

MultiRegion, United States of America

The following excerpt is from In Re: Ken Mizuno, 223 F.3d 1050 (9th Cir. 2000):

That same year we decided Ford v. Union Bank (In re San Joaquin Roast Beef), 7 F.3d 1413 (9th Cir. 1993). In that case, a Chapter 11 trustee had been appointed and subsequently replaced by a Chapter 7 trustee when the case was converted. The Chapter 7 trustee attempted to bring an action to recover a preferential transfer within two years of his own appointment, but beyond the second anniversary of the Chapter 11 trustee's appointment. In response to the trustee's argument that the two year period began to run anew when he was appointed, we held that "the most logical interpretation of section 546(a) is that the statute of limitations begins running from the date the first trustee is appointed and that all subsequent trustees are subject to the same statute of limitations." Id. at 1415.

Other Questions


Does the contention in the second cause of action under the Statute of Limitations apply to a claim that a claim for money had and received and therefore comes within the statute of limitation? ("New York", United States of America)
Does Section 542 of the Bankruptcy and Insolvency Act, 542(1) of the Code of Civil Procedure, which prohibits a debtor from entering into bankruptcy, or does the Debtors have to close the transactions in order to get out of bankruptcy? (federal, United States of America)
What is the statute of limitations for a plaintiff to bring a claim under Section 1635 of the Bankruptcy and Insolvency Act? (MultiRegion, United States of America)
What is the applicable statute of limitations for an action brought by a defendant who conceals a cause of action? (MultiRegion, United States of America)
What is the federal test for determining when to extend the statute of limitation for an action under a particular federal statute? (MultiRegion, United States of America)
Can a Limited Fund Class Action be used to adjust claims against an insolvent entity that is eligible for bankruptcy protection? (MultiRegion, United States of America)
Is a federal right of action for which no statute of limitations is provided subject to the limitations period which the forum state applies? (MultiRegion, United States of America)
What is the effect of the statute of limitations on an action brought by an assignee or trustee in bankruptcy? (MultiRegion, United States of America)
Is there a statute of limitation for an action brought under section 345 of the Federal Trade Commission Act? (MultiRegion, United States of America)
Does the mere running of the statute of limitations on assessments preclude a taxpayer's action for refund? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.