IN RE UNITED INS. MANAGEMENT, INC.

No. 92-16397.

14 F.3d 1380 (1994)

In re UNITED INSURANCE MANAGEMENT, INC., Debtor. ERNST & YOUNG, as successor-in-interest to Arthur Young & Company; Karl A. Haushalter, Jr., Plaintiffs-Appellants, v. Robert K. MATSUMOTO, Trustee for Debtor United Insurance Management, Inc. and Paul I. Brown, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 20, 1994.


Attorney(s) appearing for the Case

Steven B. Jacobson, Torkildson, Katz, Jossem, Fonseca, Jaffe, Moore & Hetherington, Honolulu, HI, for plaintiffs-appellants.

Patrick Jaress, Jaress & Raffetto, Honolulu, HI, for defendants-appellees.

Before LAY, HALL, and THOMPSON, Circuit Judges.


CYNTHIA HOLCOMB HALL, Circuit Judge:

Ernst & Young appeals a district court order remanding the bankruptcy court's summary judgment with instructions to determine whether the doctrine of equitable tolling preserves the claims of chapter 7 debtor United Insurance Management, Inc. despite expiration of the Bankruptcy Code's statute of limitations. Because the doctrine of equitable tolling is inapplicable as a matter of law on undisputed facts in the record, we reverse...

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