Abstracts » Law

Statute of limitations for bankruptcy avoidance actions brought by debtors in possession

Article Abstract:

Section 546(a)(1) of the Bankruptcy Code does extend a two year statute of limitations for avoidance actions of debtors in possession. The actions must be taken by both the debtor and the permanent trustees. The creditors' committee must take action within two years or else they will risk exclusion from recoverable assets. The two year period begins from the earlier of either the time of the case's end or assumption of duties by trustees.

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Bankruptcy Section 108(c): is the "suspension" question still in suspension?

Article Abstract:

Section 108(c) of the Bankruptcy Code deals with the limitations of civil actions against debtors and how they are affected by a bankruptcy stay. This article reviews differing interpretations of this law.

Stays of execution, proceedings, etc., Stays (Law)

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What is the appropriate statute of limitations to be applied to a trustee's cause of action under section 723(a) of the Bankruptcy Code?

Article Abstract:

The need for a uniform interpretation of the Bankruptcy Code's section 723(a), on the limitation of action against bankruptcy trustees over obligations to creditors, is discussed.

Bankruptcy trustees

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