United States Bankruptcy Court, D. Arizona May 26, 2005, Bankruptcy No. 2-01-14805-RJH, Bankruptcy No. 2-01-14806-RJH, Bankruptcy No. 2-01-14807-RJH, Bankruptcy No. 2-01-14808-RJH, Bankruptcy No. 2-01-14809-RJH, Bankruptcy No. 2-01-14810-RJH, Bankruptcy No. 2-01-14811-RJH, Bankruptcy No. 2-01-14812-RJH, Adversary No. 03-00945 (Collins v. Kohlberg & Co. (In Re Southwest Supermarkets, LLC))

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United States · · · 26-05-2005

OPINION RE KOHLBERG’S MOTION TO DISMISS SECOND AMENDED COMPLAINT

RANDOLPH J. HAINES, Bankruptcy Judge.

Defendants’ motion to dismiss argues that statutes of limitations bar the Trustee’s claims for breaches of fiduciary duty and for avoidance of fraudulent transfers to themselves by the Debtor’s managers.

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