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IN RE MILBY

Nos. 16-60022, 16-60023.

875 F.3d 1229 (2017)

IN RE Charlene M. MILBY, Debtor, Jon A. Milby; D&J Trucking Company, a California Corporation; Sandra Holder Milby, an Individual; Sanjon, Inc., a California Corporation; 5th Street Condo, LLC, California Limited Liability Company; Charlene M. Milby; Charlene's Transportation, Inc., a California Corporation, Appellants/Cross-Appellees, v. Patricia A. Templeton, Individuals on behalf of the Bankruptcy Estate of Debtor Charlene M. Milby, and Derivatively on behalf of Charlene's Transportation, Inc.; G. Cresswell Templeton, III, Bankruptcy Estate of Debtor Charlene M. Milby, and Derivatively on behalf of Charlene's Transportation, Inc., Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed November 21, 2017.

Attorney(s) appearing for the Case

Karen L. Grant , (argued), Law Offices of Karen L. Grant, Santa Barbara, California; Janet K. McGinnis , Law Office of Janet K. McGinnis, Santa Barbara, California; for Appellants/Cross-Appellees.

Daniel Joseph McCarthy , (argued), Hill Farrer & Burrill LLP, Los Angeles, California, for Appellees/Cross-Appellants.

Before: Kim McLane Wardlaw and Jay S. Bybee, Circuit Judges, and Harvey Bartle III, District Judge.

OPINION

The bankruptcy estate of Debtor Charlene Milby discovered allegedly fraudulent transfers days before the statute of limitations on avoidance claims was set to expire. This action was not filed until almost a year later. The bankruptcy court dismissed the action as time barred and held that the estate's delay...

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