WAIVER OF STATUTES OF LIMITATION
In re _____________________________
Case No. __________________________
On or around ______________________, 20___, ____________________ (“Debtor(s)”) paid or
transferred
________________________
to
___________________________________,
(“Transferee(s)”). On _________________, 20__, the Debtor(s) filed a petition for relief under the United
States Bankruptcy Code. Russell Brown, Chapter 13 Standing Trustee (“Trustee”), was appointed as the
Chapter 13 trustee in the case. Pursuant to 11 U.S.C. §§ 541 et seq., the Debtor(s), Trustee, or both, may
file an adversary proceeding to recover the transfer for the benefit of the bankruptcy estate. In
consideration of the Debtor(s) or Trustee filing no adversary proceeding to recover the transfer and the
Debtor(s) meeting the best interests of creditor test, each Transferee waives any and all bankruptcy and
nonbankruptcy statutes of limitation for the filing of any adversary proceeding. This waiver is binding
on each Transferee’s administrators, executors, heirs, assigns and trustees. This waiver remains effective
if the case is converted to one under another Chapter of the Bankruptcy Code and inures to the benefit
of another bankruptcy trustee in the converted case. If the Court dismisses the bankruptcy case, any statute
of limitations for an adversary proceeding to recover the transfer in a future bankruptcy case is tolled by
the amount of time the bankruptcy case was pending.
DATED:
________________________, 20____.
_________________________________
___________________________________
Debtor - Transferor
Debtor - Transferor
__________________________________
Chapter 13 Trustee
__________________________________
___________________________________
Transferee
Transferee
ACKNOWLEDGMENT
State of Arizona
)
) ss.
County of Maricopa )
____________________________
(Transferee)
and
____________________________
(Transferee), being of lawful age, appeared before me this _____ day of ____________________, 20___,
and signed this Waiver of Statutes of Limitation.
_____________________________________
Notary Public
My commission expires:
1/12