Information on Corporate Bankruptcy Proceedings in Delaware and Throughout the United States
Because no recent opinions have been published by the Delaware Bankruptcy Court, I wanted to touch on a subject that is vital in nearly every preference or fraudulent transfer case: The Statute of Limitations For A Preference Claim
A. Statute of Limitations
The debtor has two years from the date it filed its petition for…
Summary
In a 14 page decision signed September 30, 2013, Judge Walsh of the Delaware Bankruptcy Court provided a primer on one of the limitations of standing provided in the bankruptcy code in his opinion granting a motion to dismiss. Judge Walsh’s opinion is available here (the “Opinion”).
Background
On May 21, 2004, the…
Summary
In an 8 page decision signed January 6, 2012, Judge Walrath of the Delaware Bankruptcy Court allowed a plaintiff to amend a preference complaint to include additional transfers, even though the statute of limitations had expired. Judge Walrath’s opinion is available here (the “Opinion”). Numerous posts on this blog discuss other opinions issued…
