In Re Daniel C. Hanna, Debtor. John Mitchell, Inc., Trustee v. John Steinbrugge

Good Law
72 F.3d 114·96 Daily Journal DAR 25·1995 WL 764258·28 Bankr. Ct. Dec. (CRR) 415·1995 U.S. App. LEXIS 37138
United States Court of Appeals for the Ninth CircuitDecember 29, 199594-35681California1,523 words

Opinion

Opinion

Wallace, J.

John Steinbrugge appeals from a district court judgment in favor of John Mitchell, Inc. (Mitchell), a Chapter 11 bankruptcy trustee. Steinbrugge contends that Mitchell’s action was time barred under 11 U.S.C. § 546 (a) because it was brought more than two years after the debtor’s Chapter 11 bankruptcy petition was filed. The district court had jurisdiction pursuant to 28 U.S.C. § 158 (a). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 158 (d). We affirm.

I

On July 27, 1990, Daniel C. Hanna filed a petition for relief under Chapter 11 of the Bankruptcy Act. Three days later, on July 30, Mitchell was appointed as Trustee. Pursuant to 11 U.S.C. § 547 (b), Mitchell filed on July 28, 1992, an action to recover some pre-petition transfers made by Hanna to Stein-brugge.

After a trial, the bankruptcy court entered judgment in favor of Mitchell. Steinbrugge appealed to the district court, arguing that the limitations period for Mitchell’s action commenced on the date the bankruptcy petition was filed and therefore barred Mitchell’s suit. As all parties agree, the district court misapplied the mechanical rule for calculating the expiration date of the statute of…

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