Mack Industries v. Chakanava - Fraudulent Transfer Claims

Fri, 24 Apr 2026 02:26:57 +0000
Bankruptcy

Ronald R. Peterson, Chapter 7 trustee for Mack Industries Ltd. and Oak Park Avenue Realty Inc., filed an adversary complaint seeking to avoid approximately $76,000 in transfers as fraudulent under 11 U.S.C. § 548 and Illinois law. After the original complaint was dismissed with leave to amend, the trustee filed an amended complaint in April 2020 adding 35 new transfers totaling approximately $107,000 made between October 31, 2013 and January 31, 2017. Defendants moved to dismiss arguing the new transfers fell outside the two-year statute of limitations in 11 U.S.C. § 546(a), which expired in March 2019. The court denied the motion, applying Rule 15(c) relation-back principles and finding that whether the statute of limitations bars the new claims cannot be resolved at the pleading stage.