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Opinion 203

Case Name: 

Main Hurdman v. A & W Invs., Inc. (In re IML Freight, Inc.)

Judge: 
Judge Clark
Date: 
Sep-4-1986
Case Number(s): 
85PC-1265
Status: 

UNPUBLISHED

Body: 

Chapter 7 trustee filed adversary complaint against defendants, alleging fraudulent conveyances under 11 U.S.C. § 548 and Utah law, and breach of fiduciary duty by former officers and directors of debtor. Defendants filed a motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6) and Bankruptcy Rule 7012. The court granted the motion with respect to some of the defendants, and allowed trustee to amend the complaint to clearly specify which defendants were subject to each cause of action. The court rejected defendants' principal claim, which was that trustee's claims were barred by the limitations period in 11 U.S.C. § 108(a), concluding that the applicable limitations period was three years, as provided by Utah law.

Internal Ref: 
Opinion 203
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