In re Kopp -

Avoidance - Debtor's catch-me-if-you-can disclosure prevented statute of limitations from running.

A Chapter 7 debtor's catch-me-if-you-can disclosure, as only a "Petition for Damages," of a state court lawsuit against him that prominently included fraudulent transfer avoidance claims was inadequate as a matter of law to permit abandonment of these fraudulent transfer claims upon entry of order closing bankruptcy case, and also prevented the statute of limitations from running on these inadequately disclosed claims when the case was closed. The trustee, upon entry of an order reopening the case, brought the fraudulent transfer avoidance claims within two years of the entry of the order for relief.


Date of decision: 2/28/08