Prior to the Ninth Circuit decision in In re EPD Invest. Co. LLC, it was unclear how state law statutes of repose affected a trustee’s ability to bring claims otherwise viable on the petition date. Ryan Blackney, a member of the Commercial Litigation Practice Group, the Bankruptcy and Financial Restructuring Group and the Fraud and Internal Investigations Team, analyzes the recent decision in the article "Room to Breathe: The Ninth Circuit Decides that a Trustee’s Avoidance Powers Preempt State Law Statutes of Repose." The article was published in the June 2015 issue of the American Bankruptcy Institute newsletter Commercial Fraud.
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