Court granted in part and denied in part Defendants' motion to dismiss as converted to motion for summary judgment, concluding that Defendants established absence of fact issue on their entitlement to use statute of limitations defense such that complaint was deemed untimely under 11 U.S.C. Section 546.  Court also concluded Trustee did not establish fact issue for trial regarding exercise of due diligence in relation to his right to rely on equitable tolling doctrine.  Issue remains pending concerning existence of binding settlement agreement