In re Fruehauf Trailer Corp

In In re Fruehauf Trailer Corp., (250 BR 168 [D. Del 2000]), the liquidating creditor trust, on behalf of the debtors' estates, brought actions against the debtors' former corporate parent and certain directors, alleging, among other things, breach of fiduciary duty and mismanagement. Defendants moved to dismiss on the ground that the claims were time barred under Delaware's statute of limitations. Id. at 184. Combining the tolling under section 108 (a) of the Bankruptcy Code with the equitable tolling due to defendants' fraudulent concealment, the court denied defendants' motion to dismiss, holding that "the complaint adequately alleges affirmative acts of fraudulent concealment, sufficient to toll the statute of limitations." Id. at 185-189.