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Expert Analysis

9th Circ. Panel Bolsters Trustees' Reach-Back Powers

Law360, New York (April 6, 2015, 10:22 AM EDT) -- In a recent decision, the United States Bankruptcy Appellate Panel of the Ninth Circuit resolved what it described as an issue of "first impression" in the Ninth Circuit — whether or not the two-year statute of limitations provided by Section 546(a) of the Bankruptcy Code "... preempts a state-law statute of repose such as California Civil Code § 3439.09(c)." Rund v. Bank of America NA et al. (In re EPD Investment Co. LLC), 523 B.R. 680, 682 (B.A.P. 9th Cir. 2015)....

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