Stuart v. Pingree (In Re Afco Development Corp.)

How courts have described this case

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

• trustee has two years from date of his second appointment within which to commence preference action
• “The essentially different objectives of Chapters 7, 11, and 13 support the view that a later trustee should not be barred from exercising avoidance powers due to inaction by an earlier trustee”
• Chapter 11 trustee may not have to litigate preference actions in every case; they may be dealt with by offsetting the creditor’s preference against the dividend paid under the plan, or they may be settled or abandoned
• where case subsequently converted to chapter 7

Source: CourtListener parenthetical corpus (CC0).