They urge that the statute, once expired, is not revived by the appointment of a trustee. Section 546 of the Bankruptcy Code is a statute of limitation for asserting preference and fraudulent conveyance claims. Section 546 provides two separate limitations on actions brought on behalf of the bankrupt estate. In order to resolve this issue, the Court must first consider applicable canons of statutory interpretation. The Court must first look to the language that Congress used in the Bankruptcy Code.
Judges interpret laws rather than reconstruct legislators' intentions.
Where the language of those laws is clear, we are not free to replace it with an unenacted legislative intent. In such cases the intention of the drafters, rather than the strict language controls. Therefore, if this Court cannot find ambiguity in the express language of the statute, it is bound to apply the statute as written without resort to other tools of interpretation. None of those Code sections make reference to debtors in possession. Debtors in possession are not appointed.