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· 4/20/1990

Hunter v. Hansen (In Re Hansen)

Citations

  • 114 B.R. 927
  • 23 Collier Bankr. Cas. 2d 1339
  • 1990 Bankr. LEXIS 1168
  • 20 Bankr. Ct. Dec. (CRR) 956
  • 1990 WL 74668

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that § 546(a) extends the state limitations period when the trustee is proceeding under § 544(b), using the status of an unsecured creditor who could have brought the action when the petition was filed
  • “Traditionally, the accrual of a cause of action is tolled by the equitable tolling doctrine when a plaintiff can demonstrate the fraudulent concealment of critical facts.”
  • “... § 108(a) cannot be utilized by the Trustee because he is not 'standing in the shoes’ of the Debtor. ■ Instead, his [c]omplaint is brought under § 544(b), which gives a trustee the status of an actual unsecured creditor. Accordingly, § 108(a

Source: CourtListener parenthetical corpus (CC0).

Judges: Richard L. Speer

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Sourced from CourtListener / Free Law Project (CC0).

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