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Opinion 336

Case Name: 

Gillman v. Swire Pac. Holdings, Inc. (In re D-Mart Servs., Inc.)

Judge: 
Judge Clark
Date: 
Aug-13-1991
Case Number(s): 
90PC-0524 and -0551
Status: 

UNPUBLISHED
See 349.pdf

Body: 

The court addressed the issue of when the two-year limitation period (set forth in 11 U.S.C. § 546(a) and applicable to 11 U.S.C. § 547 avoidance actions) commences, when a case that began in chapter 11 with a debtor-in-possession is subsequently converted to chapter 7. The court held that the limitation period does not begin to run until the chapter 7 trustee has been appointed. Therefore, trustee's avoidance action was not time-barred. On April 7, 1992, the court amended this decision, which at 349.pdf.

Internal Ref: 
Opinion 336
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