Generally, there is a specific statute of limitations governing trustee avoidance actions in a bankruptcy case. Thus, it would have been fair for most defendants to believe that if a claim had not been asserted prior to the expiration of the statutory deadline, none would be forthcoming. However, in light of a recent decision by the U.S. Bankruptcy Court for the District of Delaware, that may no longer be the case. In Burtch v. Opus LLC (In re Opus East LLC), No. 11-52423, 2013 Bankr. LEXIS 3150 (Aug. 6, 2013), U.S. Bankruptcy Judge Mary F. Walrath found that a debtor's failure to list certain transfers in the statement of financial affairs filed with its bankruptcy petition constituted concealment, thereby equitably tolling the statute of limitations for their avoidance.
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