In Re Goetz
Biggs v. Biljo, Inc. (In Re Goetz)
Opinion
Opinion
Lax, J.
ORDER DENYING DISMISSAL OF ADVERSARY PROCEEDING
STATEMENT OF FACTS
Defendant Biljo, Inc. seeks dismissal of this adversary proceeding on the grounds that the complaint filed by Plaintiff, Samuel R. Biggs, Chapter 7 Trustee, was filed after the time to commence such an action had expired under 11 U.S.C. § 546 (a). The relevant facts are not in dispute.
The bankruptcy case was commenced under Chapter 11 on October 3,1991. The case was converted to Chapter 7 and Mr. Biggs was appointed as interim trustee on March 25, 1992. The meeting of creditors pursuant to section 341(a) was held on May 29, 1992. The creditors did not exercise their election under section 702 to elect a trustee. Therefore, Mr. Biggs became the permanent trustee pursuant to section 702(d).
The Trustee filed a Complaint to Avoid and Recover Transfers of Property against Biljo on May 17, 1994. The complaint was filed more than two years after the commencement of the ease under Chapter 11 and more than two years after his appointment as interim trustee. It was, however, filed within two years of the date Mr. Biggs became the permanent trustee.