United States Bankruptcy Court for the District of South Dakota
09/19/2024 | Press release | Archived content
Chapter 7 Trustee Lee Ann Pierce v. Nielsen Enterprises LLC (In re Tucker Don Pankowski)
You are here
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:
United States Bankruptcy Court for the District of South Dakota published this content on September 19, 2024, and is solely responsible for the information contained herein. Distributed via Public Technologies (PUBT), unedited and unaltered, on October 07, 2024 at 18:24 UTC. If you believe the information included in the content is inaccurate or outdated and requires editing or removal, please contact us at [email protected]