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IN RE KIPNIS

CASE NO. 14-11370-RAM ADV. NO. 16-01044-RAM, ADV. NO. 16-01045-RAM.

555 B.R. 877 (2016)

IN RE Donald Jerome KIPNIS, Debtor. Barry E. Mukamal, as Chapter 7 Trustee, Plaintiff, v. Citibank N.A. et al, Defendants. Barry E. Mukamal, as Chapter 7 Trustee, Plaintiff, v. Donald Jerome Kipnis, and Analia Kipnis, Defendants.

United States Bankruptcy Court, S.D. Florida.

Signed August 31, 2016.

Attorney(s) appearing for the Case

Corali Lopez-Castro, Esq., Vincent F. Alexander, Esq., 2525 Ponce de Leon 9 F, Coral Gables, FL 33134, (counsel for the Plaintiff)

Peter D. Russin, Esq., 200 S Biscayne Blvd. #3200, Miami, FL 33131, (counsel for the Defendant, Analia Kipnis)

ORDER DENYING MOTIONS TO DISMISS

Trustees typically use 11 U.S.C. § 544(b) to "step into the shoes" of unsecured creditors in order to apply state statutes of limitations in avoidance actions. While this has been the general use, the language in § 544...

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