- 11 U.S.C.
Mitchell v. Bigelow (In re Bigelow)
Jan
22
2008
Ruling
Unlisted creditor's action dismissed as statute of limitations which was not tolled during bankruptcy had expired.
Procedural posture
Plaintiff creditor filed an adversary proceedings against defendant chapter 7 debtor. He asked the court for an order authorizing him to proceed with a claim he had against the debtor in state court or, in the alternative, for an order tolling the state statute of limitations on his claim. The debtor filed a motion to dismiss the creditor's action, pursuant to Fed. R. Civ. P. 12(b)(6).
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Court
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