IN RE IRWIN

Bankruptcy No. 10-14407 ELF. Adversary No. 12-0383 ELF.

509 B.R. 808 (2014)

In re John N. IRWIN, Debtor. George L. Miller, as Liquidating Agent of the Estate of John N. Irwin, Plaintiff, v. Anthony Jannetta, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

Signed April 15, 2014.


Attorney(s) appearing for the Case

Jeffrey Kurtzman , Kathryn Evans Perkins , Klehr Harrison Harvey Branzburg LLP, Philadelphia, PA, for Debtor.

Dave P. Adams , Philadelphia, PA, U.S. Trustee.

Thomas D. Bielli,. Esq. , David M. Klauder , O'Kelly, Ernst & Bielli, LLC, Philadelphia, PA, for George L. Miller as Liquidating Agent for the estate of John N. Irwin.

Robert Mark Bovarnick , Bovarnick & Associates, LLC, Philadelphia, PA, for Anthony Jannetta.


OPINION

ERIC L. FRANK, Chief Judge.

I. INTRODUCTION

In this adversary proceeding, the liquidating agent appointed pursuant to debtor's confirmed chapter 11 plan seeks to recover monies that the debtor advanced to the defendant roughly twenty (20) years before the commencement of this bankruptcy case. As one might expect, the central issue in the litigation is the applicability of the affirmative defense of the statute of limitations.

As...

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