No Equitable Tolling of Section 548 ‘Look-Back’ Period

In re Pitt Penn Holding Co., Inc. clarifies that even in a court of equity and despite colorable claims of concealment on the part of an avoidance-action defendant, there are limitations on the power of a bankruptcy court to invoke the doctrine of equitable tolling. In the following article, Haben Goitom from the Business Restructuring and Reorganization practice at Jones Day provides great detail.

Secret Extensions — Preference Actions Avoiding the Statute of Limitations

While it is rare that one sees issues regarding the two-year statute of limitations for the commencement of preference actions, such issues can wreak havoc in larger, more complex chapter 11 reorganizations where a plan of reorganization has yet to be confirmed prior to the running of the two-year anniversary of the case.