Mack v. Urquhart – Motion to Dismiss Granted

Fri, 24 Apr 2026 02:26:57 +0000
Judicial Administration

Ronald R. Peterson, Chapter 7 trustee for Mack Industries and Oak Park Avenue Realty, sought to recover 42 fraudulent transfers totaling $67,659 from Timothy Urquhart and his LLCs (Russet Way Country Club Hills and 154th Street South Holland) in an amended complaint filed after the two-year statute of limitations under 11 U.S.C. § 546(a) had expired. The bankruptcy court granted South Holland's motion to dismiss, finding the amended complaint did not satisfy the relation-back requirements under Rule 15(c)(1)(C) of the Federal Rules of Civil Procedure because South Holland did not receive notice of the action during the period for service and no mistake in identity was established. The decision limits trustees' ability to add new parties or claims to bankruptcy adversary proceedings after the limitations period has run, underscoring the importance of comprehensive initial pleadings in such cases.