IN RE BUSY BEAVER BLDG. CENTERS, INC.

Bankruptcy No. 90-03924 JKF, Adv. No. 91-0140.

127 B.R. 343 (1991)

In re BUSY BEAVER BUILDING CENTERS, INC., Debtor. MARYLAND NATIONAL BANK, Plaintiff, v. BUSY BEAVER BUILDING CENTERS, INC., Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

May 28, 1991.


Attorney(s) appearing for the Case

Joy Flowers Conti, and Paula A. Schmeck, Kirkpatrick & Lockhart, Pittsburgh, Pa., for debtor Busy Beaver.

Robert P. Simons, Klett Lieber Rooney & Schorling, Pittsburgh, Pa., for Maryland Nat. Bank.

David W. Lampl, Sable, Makoroff, Sherman & Gusky, Pittsburgh, Pa., for Official Committee of Unsecured Creditors.


MEMORANDUM OPINION

JUDITH K. FITZGERALD, Bankruptcy Judge.

This adversary raises the issue of whether the court may decide by way of complaint for declaratory judgment the applicable statute of limitations on a prospective, unfiled fraudulent conveyance action. Plaintiff Maryland National Bank (MNB) is the major secured creditor of Busy Beaver Building Centers, Inc. (Debtor). Plaintiff seeks a declaratory judgment that the twoyear

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