IN RE SCHUREK

Bankruptcy No. 89-08732-A7, Adv. No. 91-90836-A7.

139 B.R. 512 (1992)

In re Alfred SCHUREK and Helen Schurek, Debtors. James D. ARTHUR, on Behalf of Ralph O. BOLDT, Trustee, Plaintiff, v. Alfred SCHUREK, et al., Defendants. Ralph O. BOLDT, Trustee, Plaintiff, v. Alfred SCHUREK, et al., Defendants.

United States Bankruptcy Court, S.D. California.

April 23, 1992.


Attorney(s) appearing for the Case

Terry Loftus, Herring, Spear & Loftus, San Diego, Cal., for Alfred Schurek, debtor.

Lionel P. Hernholm, Jr., San Diego, Cal., for debtors.

Alan L. Austin, J. Douglas Austin, Austin, Hinderaker, Hackett & Hopper, Watertown, S.D., L. Scott Keehn, Charles F. Robbins, Robbins & Keehn, San Diego, Cal., for Ralph O. Boldt, trustee.

Ralph O. Boldt, San Diego, Cal., trustee.


AMENDED MEMORANDUM DECISION

LOUISE DeCARL ADLER, Bankruptcy Judge.

FACTS

Defendants, in a fraudulent conveyance action, have moved to dismiss the complaint on the ground that it was filed after the running of the statute of limitations. This is a core matter under 28 U.S.C. § 157.

Debtors filed a Chapter 7 petition on November 9, 1989. On December 13, 1989, a trustee was appointed. The appointment started the § 546(a)(1) statute...

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