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IN RE CALIFORNIA CANNERS & GROWERS

BAP No. NC-94-1242-AsMeo. Bankruptcy No. 3-83-01255-ETC. Adv. No. 92-3-654-LK/N.

175 B.R. 346 (1994)

In re CALIFORNIA CANNERS & GROWERS, a California Agricultural Nonprofit Cooperative Association, Debtor. John M. ENGLAND, Trustee, Appellant, v. Terry C. WHITNEY, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 9, 1994.

Attorney(s) appearing for the Case

Tad Pethybridge, San Francisco, CA, for appellant.

Robert Berg, San Francisco, CA, for appellee.

Before ASHLAND, MEYERS and OLLASON, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge:

This appeal concerns the timely issue of the length of the statute of limitations provision applicable to a trustee that is appointed pursuant to § 546 of the Bankruptcy Code. Some courts have found Software Centre and San Joaquin in disagreement on this issue. The debtor in possession operated the estate for seven years at which time the case was converted to Chapter 7. The Chapter 7 trustee sought to...

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