The Debtor filed his complaint seeking turnover under 11 U.S.C. § 542 of certain real property, as well as damages arising from an alleged violation of the automatic stay in a prior case. The Court granted the Department of Veterans Affairs’s motion for summary judgment and dismissed the adversary proceeding for lack of subject matter jurisdiction as the action fell outside the 6 year statute of limitations contained in 28 U.S.C. § 2401 and the United States did not waive sovereign immunity. Even if the Court had subject matter jurisdiction, the record demonstrates that the Debtor is not entitled to turnover of the property and no violation of the automatic stay occurred; thus the Department of Veterans Affairs is entitled to judgment as a matter of law under Rule 7056 of the Federal Rules of Bankruptcy Procedure. The Court also denied the Debtor’s motion to amend his complaint to add party defendants to the action as the amendment would be futile.
Wednesday, July 26, 2017
Statute of Limitations