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§ 108

Mitchell v. Bigelow (In re Bigelow)

Sep
16
2008
Ruling
Section 108 does not independently toll or suspend statute of limitations that has not expired as of petition date.
Procedural posture

Appellant creditor challenged a ruling of the Bankruptcy Court for the Northern District of Iowa dismissing his complaint against appellee debtors pursuant to Fed. R. Civ. P. 12(b)(6) as well as its subsequent order denying appellant's motion to amend the findings in the dismissal order. At issue was the effect, of 11 U.S.C.S. § 108, on the running of the statute of limitations on the underlying claim.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 16, 2008 , LexisNexis #1008-020
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Stanley v. Trinchard

Aug
26
2008
Ruling
Section 108(a) did not affect statute of limitations on legal malpractice claim.
Procedural posture

Plaintiff, a bankruptcy trustee, brought a legal malpractice and vicarious liability action against defendants, an attorney, a law firm, and an insurer, pursuant to La. Rev. Stat. Ann. § 9:5605. The court granted summary judgment to defendants, dismissing the trustee's action. The trustee filed a motion for reconsideration under Fed. R. Civ. P. 59(e).

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Commercial opinion summary, case decided on August 26, 2008 , LexisNexis #0908-131
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Stanley v. Trinchard

Jul
08
2008
Ruling
Trustee's legal malpractice action on behalf of estate was time-barred.
Procedural posture

Plaintiff bankruptcy trustee brought an action against defendants, an attorney, a law firm, and an insurance company, alleging that (1) the attorney and law firm were negligent in their representation of a detective, and (2) that the insurance company breached its fiduciary duty of good faith and fair dealing in its settlement of certain litigation. Before the court was defendants' motion for summary judgment.

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Consumer opinion summary, case decided on July 08, 2008 , LexisNexis #0708-130
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Dawson v. Thomas (In re Dawson)

Apr
09
2008
Ruling
Equitable tolling operated to preserve debtor's Truth in Lending Act cause of action.
Procedural posture

Debtor objected to a proof of claim filed in her chapter 13 by defendant agent and secured by a residential mortgage. She also sought relief against defendant lender and defendant broker. At issue, inter alia, was whether she was entitled to pursue the claims and whether either or both defendants were liable per the Truth In Lending Act (TILA), 15 U.S.C.S. § 1601 et seq., or the D.C. Home Loan Protection Act, D.C. Code § 26-1151.01 et seq.

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Consumer opinion summary, case decided on April 09, 2008 , LexisNexis #0508-131
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Dumas v. Sabre Group (In re Dumas)

Mar
07
2008
Ruling
Debtor whose first case was dismissed for failure to comply with credit counseling requirement was not entitled to second extension of statutory redemption period in second case.
Procedural posture

The assignee of a tax purchaser filed a motion to modify the automatic stay so that it could obtain a tax deed, and also filed a motion to remand a state court tax proceeding removed by the chapter 7 debtor.

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Consumer opinion summary, case decided on March 07, 2008 , LexisNexis #0408-001
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In re Bancredit Cayman Ltd. (In Liquidation)

Nov
02
2007
Ruling
Foreign debtor granted U.S. discovery rights was not entitled to ex parte extension of statute of limitations.
Procedural posture

Previously, the court had denied a motion by foreign representatives of a debtor, a foreign financial institution in a chapter 15 case, to amend or clarify a recognition order to incorporate the relief available to a trustee under 11 U.S.C. § 108. The foreign representatives filed a motion for reargument.

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Commercial opinion summary, case decided on November 02, 2007 , LexisNexis #1207-037
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Murray v. Lyon (In re Lyon)

Jan
09
2007
Ruling
Look-back provision for fraudulent transfers in not tolled by operation of automatic stay.
Procedural posture

Defendant estranged husband filed a motion for summary judgment on plaintiff trustee's adversary proceeding, which sought to recover real property transferred by the debtor to the husband or, in the alternative, sought a sale of the husband's interest in the property with that of the debtor on the ground that the transfer was null and void under 11 U.S.C. § 548.

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opinion summary, case decided on January 09, 2007 , LexisNexis #0507-088
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