Section 6.36 Statutes of Limitations

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

I. (§6.36) Statutes of Limitations

An action or proceeding under 11 U.S.C. § 548 may not be commenced more than two years after the earlier of:

· the appointment of a trustee under 11 U.S.C. § 702, 1104, 1163, 1202, or 1302 or

· the time the case is closed or dismissed.

11 U.S.C. § 546(a). Chapter 11 cases most frequently involve a debtor-in-possession, not a trustee appointment. Before 1994, there was some confusion regarding when a fraudulent transfer avoidance action must be brought in Chapter 11...