Ford

Chapter 7 trustee James M. Ford appeals the district court’s decision affirming the bankruptcy court’s dismissal of the trustee’s action against the FDIC to recover preferential transfers allegedly made by the debtor, San Joaquin Roast Beef, to the FSLIC. The bankruptcy court dismissed the action as barred by 11 U.S.C. § 546 (a)’s two-year statute of limitations.

Ford makes three arguments that his adversary proceeding was timely filed. First, he contends that the statute of limitations started running anew following conversion of the case from a Chapter 11 proceeding to a Chapter 7 proceeding and appointment of a new trustee. Second, he argues that even if the statute of limitations began running on the date the Chapter 11 trustee was appointed, his action was timely filed within two years of entry of the order appointing the Chapter 11 trustee. Finally, he asserts that the bankruptcy court’s orders misled him as to the date the trustee was appointed and that therefore, the bankruptcy court should have vacated its first order appointing the Chapter 11 trustee, which would result in his action being timely.

We review de novo Ford’s claims concerning when section 546(a)’s statute…