Blackney Analyzes Recent Ninth Circuit Decision Concerning Trustee Avoidance Powers and Statues of Repose

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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