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Callahan v. Moore et al. (In re General Creations) (Case No. 03-01782, A.P. Nos. 05-07092, 05-07093, 05-07094, 05-07095) 2/28/2006

Court held that adversary proceeding was timely filed under section 546(a)(1)(A) and Rule 9006.  Using the anniversary date rule, the last day for instituting an action was the anniversary date of the relevant act even when the intervening period included an extra leap year day. The Court disagreed with the defendants' argument that the 2 year time frame was 730 days and did not include the extra leap year day and denied the defendants' motion to dismiss.

Date: 
Tuesday, February 28, 2006
Category: 
Statute of Limitations
Chapter: 
7