Chapter 7 Trustee Lee Ann Pierce v. Nielsen Enterprises LLC (In re Tucker Don Pankowski)

Bankr. No.:

16-50206

Adv. No.:

24-5003

Chapter:

7

Date of Decision:

September 19, 2024

Issue:

Whether either party was entitled to summary judgment concerning the trustee-plaintiff's complaint to avoid the post-petition transfer of real property from the debtor to the defendant pursuant to 11 U.S.C. §549?

Ruling:

Yes, the Court granted the defendant's motion for summary judgment, and denied the trustee-plaintiff's motion. The adversary proceeding was commenced well outside the two-year statute of limitations period so it was time-barred under 11 U.S.C. §549(d), and the trustee-plaintiff did not establish the statute of limitations was equitably tolled.

Full Bankruptcy Court Decision:

Pierce v. Nielsen Enterprises LLC 24-5003.pdf