Law unclear on relation back for transfers

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted April 1, 2021 11:53 AM

Reviewing the “complex and not always consistent” decisions on relation back for an amended pleading that alleges a new set of fraudulent or preferential transfers — an issue that has caused “considerable difficulty” under Federal Rule of Civil Procedure 15(c) — Bankruptcy Judge Carol A. Doyle considered Iryna Chakanava and Stanislav Taynitskiy’s motion to dismiss a bankruptcy trustee’s revised adversary complaint as barred by the Illinois and bankruptcy statutes of limitation. The initial complaint was filed on time. But …

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