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§ 108

A&P, In re

Ruling
Court did not have the power to waive or extend the statute of limitations where debtors haddone nothing to mislead movant as to the statutory deadline. (Bankr. S.D.N.Y.)
Issue(s)
Extension of Time; Actions Against Debtor; Post Stay.

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Commercial opinion summary, case decided on August 14, 2019 , LexisNexis #1019-025

Gilman, In re

Ruling
Court affirmed that creditors had not shown that the bankruptcy court erred when itdisallowed fees. (B.A.P. 9th Cir.)
Issue(s)
Extension of Time; Actions Against Debtor.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 12, 2019 , LexisNexis #0919-001

1075 S Yukon, LLC, In re

Ruling
Debtor's pre-petition contractual right to exercise an option to purchase real property was not automatically extended if the deadline to exercise the option had not expired prior to the petition date as exercising the option was not "curing a default." (Bankr. D. Colo.)
Issue(s)
Extension of Time; Performance of Certain Acts by Trustee.

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Commercial opinion summary, case decided on July 30, 2018 , LexisNexis #0918-031

Hatton v. TD Bank, N.A. (In re Hatton)

Ruling
Chapter 13 debtors were not entitled to the protections of 11 U.S.C.S. § 108(a) as it applies toactions that may be commenced by a "trustee," not to actions commenced by a "debtor." (Bankr.D.N.H.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.

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Consumer opinion summary, case decided on February 07, 2018 , LexisNexis #0318-062

Dopson, In re--Wilcox v. Dopson

Ruling
Debtor's motion to dismiss was granted as creditor’s first attempt to assert his rights came approximately two months after the 30-day window closed and thus, his claim was barred. (Bankr. N.D. Ga.)
Issue(s)
Extension of Time; Actions Against Debtor; Post Stay.

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Consumer opinion summary, case decided on June 17, 2017 , LexisNexis #1018-032

Washington, In re

Ruling
City's claim in bankruptcy case allowed as there was insufficient evidence to show that debtor's obligation was cancelled or discharged by the city. (Bankr. D.S.C.)
Issue(s)
Extension of Time; Actions Against Debtor.

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Consumer opinion summary, case decided on March 24, 2017 , LexisNexis #0417-092

Carbide Indus., LLC v. Lecessee Constr. Servs., LLC (In re Carbide Indus., LLC)

Ruling
Reorganized debtor’s foreclosure proceeding was not time-barred. (Bankr. M.D. Fla.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.

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Commercial opinion summary, case decided on November 10, 2016 , LexisNexis #1216-062

Fort v. Volkswagen Grp. of America (In re Stotz Fredenhagen Indus.)

Ruling
Trustee’s conspiracy claim against automobile manufacturers who contracted with debtor wasbarred by the statute of limitations which had not been tolled. (Bankr. D.S.C.)
Issue(s)
Were trustee’s conspiracy claims against automobile manufacturers barred by the statute of limitations?

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Commercial opinion summary, case decided on July 22, 2016 , LexisNexis #0816-062

Knox, In re--Produce Exch. No. 299 v. Knox

Ruling
Court deemed that the landlord shall have a lien and the lien was perfected. (Bankr. W.D. Ark.)
Issue(s)
Extension of Time; Actions Against Debtor.

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Consumer opinion summary, case decided on June 30, 2016 , LexisNexis #1217-092

Bryant v. Hamilton Cnty. (In re Bryant)

Ruling
Trustee's extension of time to exercise right of redemption extended to chapter 13 debtor with regard to property of the estate.
Issue(s)
Whether a chapter 13 debtor has the benefit of § 108(b) or that benefit inures only to the trustee in a chapter 13 case?

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Consumer opinion summary, case decided on April 05, 2016 , LexisNexis #0416-107