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Sec. 546 – Limitations on Avoiding Powers

TITLE 11–BANKRUPTCY CHAPTER 5–CREDITORS, THE DEBTOR, AND THE ESTATE SUBCHAPTER III–THE ESTATE

Sec. 546. Limitations on avoiding powers

Section 546(a) – The statute of limitations provision for avoidance actions.

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Lehman Brothers Bankruptcy: Defendant JPMorgan’s Supplemental Memorandum of Law in Support of Motion to Dismiss

08/05/2011 – Defendant’s Supplemental Memorandum of Law in Support of Motion to Dismiss filed in the Lehman Commercial Paper Inc. Adversary Proceedings by JPMorgan Chase »»

Qimonda Richmond, LLC Bankruptcy: Qimonda Richmond, LLC v. Citibank Memorandum of Law in Support of Motion to Dismiss

08/03/2011 – Memorandum of Law in Support of Motion to Dismiss filed in the Qimonda Richmond, LLC Adversary Proceedings by Citibank, National Association et al before »»

Chapter 7 Trustee Starts DHP Holdings II Corporation aka DESA Bankruptcy Preference Adversary Proceedings

On July 29, 2011 and July 30, 2011, Alfred Thomas Giuliano, Chapter 7 Trustee in the DHP Holdings II Corporation aka DESA Bankruptcy, commenced Chapter 5 »»

Sunset Aviation, Inc. Bankruptcy: Shorenstein Company LLC’s Reply in Support of Motion to Dismiss with Prejudice

07/27/2011 – Defendant’s Reply in Further Support of Its Motion to Dismiss with Prejudice filed in the Sunset Aviation, Inc. Adversary Proceedings by Shorenstein Company »»

$376 Million Preference Complaint against Quebecor Noteholders Dismissed

Concluding that the recent opinion of the Court of Appeals for the Second Circuit in In re Enron Creditors Recovery Corp. v. Alfa, S.A.B. de C.V., __F. »»

Delaware Bankruptcy Judge Sontchi Imposes Sanctions for “Grossly Deficient” Preference Complaint

Visteon Corporation v. Global Asset Protection Services, LLC (In re Visteon Corporation), Adv. Proc. No. 11-52070 (Bankr. Del. July 21, 2011) Delaware District of Delaware United »»

W.D. Missouri Bankruptcy Court Rejects Pseudo Ponzi Scheme Challenge to Ordinary Course Preference Defense

Western District of Missouri Bankruptcy Judge Dennis R. Dow holds that, in this bankruptcy preference action against trade creditors (the “Defendants”), the source of funds is irrelevant »»

Visteon Corporation Bankruptcy: Visteon Corporation v. Global Asset Protection Services, LLC – Brief in Response to Global Asset Protection Services, LLCs Motion to Dismiss

The Plaintiff makes quick work of Defendant’s motion to dismiss advising the Court that the motion is moot “since in the interest of »»

Illinois Bankruptcy Court Upholds Kimball Hill Standing to Pursue Preference Claims

KHI Liquidation Trust v.  Wisenbaker Builder Services, Inc. et al (In Re Kimball Hill, Inc.), AP No. 10-00824  Bankruptcy Court for the Northern District of Illinois (Chicago »»