IN RE MAHONEY, TROCKI & ASSOCIATES, INC.

Adv. No. C86-0421-LM11, Bankruptcy No. 84-02225-LM11.

111 B.R. 914 (1990)

In re MAHONEY, TROCKI & ASSOCIATES, INC., a California corporation, Debtor. MAHONEY, TROCKI & ASSOCIATES, INC., a California corporation, Plaintiff, v. James D. KUNZMAN; James D. Kunzman, M.D., Inc., Pension & Profit Sharing Plan; James D. Kunzman, M.D., Defined Benefit Plan, Defendants.

United States Bankruptcy Court, S.D. California.

March 1, 1990.


Attorney(s) appearing for the Case

Russell M. De Phillips, Milberg & De Phillips, San Diego, Cal., for plaintiff.

Radmila A. Fulton, Law Offices of Radmila A. Fulton, San Diego, Cal., for defendants.


JOHN J. HARGROVE, Bankruptcy Judge.

Defendants James D. Kunzman, M.D., James D. Kunzman, M.D., Inc., Pension and Profit Sharing Plan and James D. Kunzman, M.D., Defined Benefit Plan ("Kunzman") move the court for summary adjudication on their second affirmative defense on the grounds that the applicable statute of limitations has run.

At issue is whether a debtor-in-possession must maintain a fraudulent transfer action within three years from the date of the...

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