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IN RE M & L BUSINESS MACH. CO., INC.

Nos. 94-1550, 94-1554.

75 F.3d 586 (1996)

In re M & L BUSINESS MACHINE COMPANY, INC., Debtor. Christine J. JOBIN, Trustee of the Estate of M & L Business Machine Company, Inc., Plaintiff-Appellee, v. Vincent BORYLA, also known as V.J. Boryla, as Trustee of the Eagle Trace Employee Pension Plan; Eagle Trace Employee Pension Plan, Defendants-Appellants. and Vincent Boryla, also known as V.J. Boryla, individually; Robert G. Joseph, Defendants. In re M & L BUSINESS MACHINE COMPANY, INC., Debtor. Christine J. JOBIN, Trustee of the Estate of M & L Business Machine Company, Inc., Plaintiff-Appellee, v. Freda VIZCARRA, erroneously sued as Fernando or F. Vizcarra, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 24, 1996.

Attorney(s) appearing for the Case

Edwin G. Perlmutter and Mark A. Redmiles, of Berenbaum, Weinshienk & Eason, P.C., Denver, Colorado, for Defendants-Appellants Vincent Boryla, as Trustee for the Eagle Trace Employee Pension Plan, and Eagle Trace Employee Pension Plan.

Bruce Anderson and Daniel Grossman, of Stettner, Miller and Cohn, P.C., Denver, Colorado, and Kenneth W. Kossoff, of Schneider, Goldberg, Rohatiner & Yuen, Beverly Hills, California, for Defendant-Appellant Freda Vizcarra.

Christine J. Jobin and Dana M. Arvin, of The Jobin Law Firm, P.C., Denver, Colorado, for Plaintiff-Appellee.

Before EBEL, McKAY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

These appeals present a fairly straightforward legal question: Whether the former 11 U.S.C. § 546(a)'s two-year limitations period for avoidance actions begins to run anew following conversion to Chapter 7 proceedings and the appointment of a second trustee. Bankruptcy courts have reached contrary results. The two circuit courts that have addressed this issue have both held that § 546(a)'s language unambiguously provides for a single...

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