IN RE PUGH

No. 96-3790 Non-Argument Calendar.

158 F.3d 530 (1998)

In re: William D. PUGH and Elizabeth Pugh, Debtors. William D. PUGH and Elizabeth Pugh, Plaintiffs-Appellants, v. V. John BROOK, Jr., Trustee, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 21, 1998.


Attorney(s) appearing for the Case

Joel S. Treuhaft, Palm Harbor, FL, for Plaintiffs-Appellants.

Allan C. Watkins, Tampa, FL, for Defendant-Appellee.

Before TJOFLAT, DUBINA and BARKETT, Circuit Judges.


TJOFLAT, Circuit Judge.

This appeal presents the following question: Do the limitations periods prescribed in 11 U.S.C. §§ 546(a) and 549(d) operate to divest a bankruptcy court of subject matter jurisdiction once they have elapsed, or do these periods constitute statutes of limitations that can be waived? We adopt the latter characterization as the law of this circuit, and therefore affirm.

I.

This appeal involves an adversary proceeding...

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