11 U.S.C. § 558
Defenses of the estate
The estate shall have the benefit of any defense available to the debtor as against any entity other than the estate, including statutes of limitation, statutes of frauds, usury, and other personal defenses. A waiver of any such defense by the debtor after the commencement of the case does not bind the estate.
Notes of Decisions
Cited in 110
cases (9 in the last 5 years), 1939–2025 · leading case: Midland Funding, LLC v. Johnson, 137 S. Ct. 1407 (2017).
Midland Funding, LLC v. Johnson, 137 S. Ct. 1407 (2017). “See 11 U.S.C. § 558 . As in ordinary civil cases, the statute of limitations is an affirmative defense, *1418 one that must be raised by either the debtor or the trustee of his estate before it is honored.”
Scherling v. Hellman Elec. Corp. (In Re Westchester Structures, Inc.), 181 B.R. 730 (Bankr. S.D.N.Y. 1995). “§ 502 (b)(1) or 11 U.S.C. § 558 . See, Sylvester v. Martin (In re Sylvester), 130 B.”
In Re: Combustion Eng'g, Inc. First State Ins. Co. Hartford Accident & Indem. Co., 391 F.3d 190 (1st Cir. 2004). “03[2][b][I]; see also 11 U.S.C. § 558 (making defenses available to debtor available to the estate).”
State Bank v. Miller (In Re Miller), 459 B.R. 657 (6th Cir. BAP 2011). “Setoff Pursuant to 11 U.S.C. § 558 Having concluded that the Bank is legally forbidden from crediting the Debt- or with an amount less than its full bid at the sale, and that it has not done so, the bankruptcy court found that the Bank is owed no debt, holds no “debt” or “claim”…”
Chaille Dubois v. Atlas Acquisitions LLC, 834 F.3d 522 (4th Cir. 2016). “Indeed, the Bankruptcy Rules were recently amended to facilitate the assessment of a claim’s timeliness by requiring that claims such as the ones at issue in this appeal be filed with a statement setting forth the last transaction date, last payment date, and charge-off date on…”
Tia Robinson v. eCast Settlement Corp., 832 F.3d 726 (7th Cir. 2016). “]” The statute of limitations is one such law, 11 U.S.C. § 558 , and there will be cases in which its applicability is the subject of a fair dispute.”
In Re Roberts, 46 B.R. 815 (Bankr. D. Utah 1985). “the court explained: The definition of “disinterested person” is adapted from Section 158 of Chapter X of the Bankruptcy Act of 1898, 11 U.S.C. § 558 (1976 ed.). H.R.Rep. No. 595, 95th Cong.”
Penson Techs. LLC v. Schonfeld Grp. Holdings LLC (In re Penson Worldwide), 587 B.R. 6 (Bankr. D. Del. 2018). “§ 502(b)(1) ; see also 11 U.S.C. § 558 ("The estate shall have the benefit of any defense available to the debtor against any entity other than the estate, including statutes of limitation, statutes of frauds, usury, and other personal defenses.”
Domick Nelson v. Midland Credit Mgmt., Inc, 828 F.3d 749 (8th Cir. 2016). “See 11 U.S.C. § 558 (including statutes of limitation as a defense for a bankruptcy estate).”
In Re Jensen-Farley Pictures, Inc., 47 B.R. 557 (Bankr. D. Utah 1985). “” The definition of “disinterested person” is adapted from Section 158 of Chapter X of the Bankruptcy Act, 11 U.S.C. § 558 (repealed). H.R.Rep. No. 95-595, 95th Cong.”
In Re Stoecker, 151 B.R. 989 (Bankr. N.D. Ill. 1993). “Moreover, under 11 U.S.C. § 558 , the Trustee may assert any defense available to the Debtor for the benefit of the estate including defenses personal to the Debtor.”
Korley Sears v. Rhett Sears, 863 F.3d 973 (8th Cir. 2017). “Korley argues otherwise based on 11 U.S.C. § 558 , a provision granting the bankruptcy estate the benefit of any defense available to the debtor, but § 558 simply “preserves to the [d]ebtor the defenses it would have had prepetition.”
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