BANKRUPTCY-LIMITATION OF ACTIONS BY TRUSTEE AS AFFECTED BY SECTION ll(E) OF THE FEDERAL BANKRUPTCY ACT

Armstrong S.Ed., David H.

Journal: Michigan Law Review

Volume: 47

First Page: 1210

Year: 1949

Bluebook Citation: 47 MICH. L. REV. 1210 (1949)

Author: David H. Armstrong S Ed: all 7 publications


Abstract

Trustee in bankruptcy sued to recover a preference voidable under a state statute which also provided that an action to recover such a preference must be commenced within six months after application for a trustee. The present suit was commenced one year after the bankruptcy petition was filed. Defendant moved to dismiss for failure to comply with statutory limitations. Held, motion denied.

Section II(e) of the Bankruptcy Act supersedes the state statute of limitations in this case. Engstrom v. De Vos, (D.C. Wash. 1949) 81 F. Supp. 854.

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