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IN RE EMERGENCY NETWORKS, INC.

Civ. A. No. 3:95-CV-1151-D. Bankruptcy No. 392-37505-RCM-7. Adv. No. 394-3691.

188 B.R. 227 (1995)

In re EMERGENCY NETWORKS, INC., Debtor. Dale L. McCULLOUGH, Trustee, Plaintiff-Appellee, v. KENNETH LEVENTHAL & COMPANY, Defendant-Appellant.

United States District Court, N.D. Texas, Dallas Division.

November 1, 1995.

Attorney(s) appearing for the Case

William A. Brewer III, Scott S. Hershman, Richard E. Aubin and Elizabeth A. Handschuch (argued) of Bickel & Brewer, Dallas, Texas, for defendant-appellant.

J. Maxwell Tucker (argued), R. Michael Farquhar, and James S. Brouner of Winstead Sechrest & Minick, P.C., Dallas, Texas, for plaintiff-appellee.

FITZWATER, District Judge:

This bankruptcy appeal presents a question concerning the limitations period prescribed by the pre-1994 version of 11 U.S.C. § 546(a)(1). The court is asked to decide, with respect to a preference action brought by a trustee who succeeds a debtor in possession, whether the period commences on the date the chapter 11 debtor becomes a debtor in possession, or on the date of the trustee's appointment. Because the bankruptcy court correctly...

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