22ap00178, 16bk36530
Upon the motion to dismiss, brought by the defendant, alleging that the court should apply a five-year statute of limitations under limitations borrowing for actions under 11 U.S.C. § 362(k), held:  The defendant has failed to present binding or even persuasive case law that supports limitation borrowing for actions under 11 U.S.C. § 362(k).  Further, the binding Seventh Circuit case law declines to apply a statute of limitations in similar actions.  The motion is, therefore, DENIED as set forth in the attached Memorandum Decision.