IN RE KAM KUO SEAFOOD CORP.

Bankruptcy No. 83 B 11836, Adv. No. 86-5090A.

67 B.R. 304 (1986)

In re KAM KUO SEAFOOD CORP., f/k/a Aco Seafood Corp., Debtor. John S. PEREIRA, as Trustee in Bankruptcy of Kam Kuo Seafood Corp., f/k/a Aco Seafood Corp., Plaintiff, v. HONG KONG & SHANGHAI BANKING CORP., Defendant.

United States Bankruptcy Court, S.D. New York.

November 12, 1986.


Attorney(s) appearing for the Case

Robert P. Herzog, New York City, for trustee.

Cleary, Gottlieb, Steen & Hamilton by Lawrence B. Friedman, New York City, for defendant.


HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

The Trustee, by motion, seeks an order permitting him to file an amended complaint asserting additional preference claims barred by the two year statute of limitations provided by § 546(a) of the Bankruptcy Code, 11 U.S.C. § 546(a) (1984) (the "Code"). Hong Kong & Shanghai Banking Corp. (the "defendant") opposes the motion, asserting that the additional claims may not relate back under Rule 15(c) of the Federal...

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