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§ 108

Lewis, In re

Ruling
Court ruled that creditor’s claim was unenforceable because the underlying 2004 judgment expired under 20-year revival limit. (Bankr. M.D. Ala.)
Issue(s)
Extension of Time; Actions Against Debtor.

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Consumer opinion summary, case decided on June 13, 2025 , LexisNexis #0825-051

OPP Liquidating Co., In re--Buchwald Cap. Advisors LLC v. Schoen

Ruling
Claims for breach of fiduciary duty that took place three years before the petition date weretime barred despite post-petition extension due to provisions of state fraudulent concealmentlaw. (Bankr. D. Del.)
Issue(s)
Extension of Time; Commencement of Action by Trustee; Post Relief Order.

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Commercial opinion summary, case decided on April 09, 2024 , LexisNexis #0624-027

Kwok, In re

Ruling
Trustee was entitled to extend the statutes of limitations for filing avoidance proceedings,pursuant to the relevant sections of the Bankruptcy Code. (Bankr. D. Conn.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.

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Consumer opinion summary, case decided on February 15, 2024 , LexisNexis #0424-026

Gilad, In re--Doyaga v. Assaf Fitoussi

Ruling
Cause of action for breach of fiduciary duty was timely due to state executive orders tolling allstatutes of limitations during the COVID-19 emergency and the tolling provision of theBankruptcy Code. (Bankr. E.D.N.Y.)
Issue(s)
Extension of Time.

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Consumer opinion summary, case decided on September 03, 2023 , LexisNexis #1023-077

Uplift Rx, LLC, In re--Austin v. Brown & Fortunato, P.C.

Ruling
Adversary proceeding dismissed as the statute of limitations expired prior to effective date oftolling agreement. (Bankr. S.D. Tex.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.

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Commercial opinion summary, case decided on August 21, 2023 , LexisNexis #1023-052

Vitamins Online, Inc. v. Heartwise, Inc.

Ruling
Judgment creditor's cross-appeal regarding Lanham Act judgment was timely filed followingnotice of termination of the automatic stay in debtor's Chapter 11 case. (10th Cir.)
Issue(s)
Extension of Time; Actions Against Debtor; Post Stay.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 27, 2023 , LexisNexis #0823-048

Hamilton, In re--TitleMax of Ga., Inc. v. Hamilton

Ruling
Creditor's motion for relief from the automatic stay seeking permission to repossess a vehiclewas granted as nothing in the bankruptcy code permitted a Chapter 13 debtor to modify a titlepawn contract under state law. (Bankr. S.D. Ga.)
Issue(s)
Extension of Time; Performance of Certain Acts by Trustee.

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Consumer opinion summary, case decided on January 13, 2022 , LexisNexis #0322-001

Cyrus Capital Partners, L.P.

Ruling
Plaintiff's avoidance claims were timely because tolling was triggered by filing of Chapter15 petition. (Bankr. S.D.N.Y.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.

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Commercial opinion summary, case decided on April 29, 2021 , LexisNexis #0621-026

Start Man Furniture, LLC, In re

Ruling
Trustee's claims were appropriately dismissed as time-barred as the trustee did not timely file its complaint. (Bankr. D. Del.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.

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Commercial opinion summary, case decided on March 08, 2020 , LexisNexis #0523-077

Canada v. United States IRS

Ruling
Debtor’s post-petition claim for attorney's fees he incurred fighting tax penalties was untimelyas the 30-day limitations period was not tolled. (5th Cir.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 20, 2020 , LexisNexis #0420-003