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MATTER OF SURF & SAND CONST., INC.

Bankruptcy No. 87-507, Adv. No. 89-115.

138 B.R. 454 (1992)

In the Matter of SURF & SAND CONSTRUCTION, INC., Debtor. Stephen W. SPENCE, Trustee in Liquidation for Surf & Sand Construction, Inc., Plaintiff, v. Michael J. PANCO, Jr., Michael J. Panco, Sr., and Anne Panco, his wife, Defendants.

United States Bankruptcy Court, D. Delaware.

March 17, 1992.

Attorney(s) appearing for the Case

Doreen H. Becker, Wilmington, Del., for plaintiff.

Benjamin F. Shaw, III, Georgetown, Del., for defendants.

MEMORANDUM OPINION AND ORDER

HELEN S. BALICK, Bankruptcy Judge.

One of three defendants in this action to recover estate property has filed a motion to dismiss the Trustee's amended complaint as time-barred by the Bankruptcy Code's statute of limitations. 11 U.S.C. § 546(a). Because the court finds that the amended complaint relates back to the filing date of the original complaint, the Defendant's motion is denied. Fed.R.Civ.P. 15(c); Bankr.R. 7015...

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