§ 108(a)

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

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.)
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Consumer case opionion summary, case decided on February 07,2018, LexisNexis #0318-062

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.)
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Commercial case opionion summary, case decided on November 10,2016, LexisNexis #1216-062

MERV Props. LLC v. Friedlander (In re MERV Props. LLC)

Ruling: 
Debtor's claim against lenders under state law was time-barred and the statute of limitations not extended.
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Commercial case opionion summary, case decided on May 04,2015, LexisNexis #0515-108

Eugenia VI Venture Holdings Ltd. v. Maplewood Holdings LLC (In re AMC Investors LLC)

Ruling: 
Claim against debtor's officers and directors was subject to issue and claim preclusion and barred by statute of limitations that expired prior to date of involuntary petition.
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Commercial case opionion summary, case decided on January 23,2015, LexisNexis #0215-071

Siegel v. Sony Elecs. Inc. (In re Circuit City Stores Inc.)

Ruling: 
Trustee's claim to avoid a preferential transfer was not time barred as relating back to original complaint arising from same course of dealing.
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Commercial case opionion summary, case decided on September 08,2014, LexisNexis #1014-038

USACM Liquidating Trust v. Deloitte & Touche

Ruling: 
Statute of limitations for debtor's cause of action, which expired prior to petition date, could not be extended.
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Commercial case opionion summary, case decided on February 18,2014, LexisNexis #0314-037

In re Fairfield Sentry Ltd.

Foreign representatives of three debtors that sought bankruptcy protection in the Commercial Division of the High Court of Justice, British Virgin Islands (the "BVI Court") filed motions seeking an order under 11 U.S.C.S. §§ 103(a), 105(a), 1507(a) and 1521(a)(7) which granted relief under 11 U.S.C.S. § 108. Entities that were named as defendants in adversary proceedings the foreign representatives filed opposed the motion.
Ruling: 
Tolling of time limit for filing adversary proceeding granted to foreign representative of debtors who helped non-U.S. persons invest in the Madoff Ponzi scheme.
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Commercial case opionion summary, case decided on May 23,2011, LexisNexis #0611-036

Miller v. Clark Retail Enters. (In re Halloway)

Trustee filed a complaint against defendant retailer seeking to vacate a state court judgment dismissing a debtor's personal injury lawsuit against the retailer. The retailer filed a motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim for which relief could be granted. Alternatively, the retailer contended that the suit was barred by laches and by the limitation period of 11 U.S.C.S. § 108(a).
Ruling: 
Trustee's complaint seeking to vacate state court dismissal of debtor's personal injury action dismissed as time barred.
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Consumer case opionion summary, case decided on February 24,2010, LexisNexis #0410-102

Laddin v. Belden (In re Verilink Corp.)

Trustee sued law firm and others, alleging, inter alia, breach of fiduciary duty, malpractice, civil conspiracy, and aiding and abetting breach of fiduciary duty. The law firm moved to dismiss the complaint on the grounds that the claims against it were time-barred by the statutes of repose and limitations and precluded under the doctrine of res judicata.
Ruling: 
Two year statue of limitations for claims against law firm was not tolled prior to trustee's appointment.
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Commercial case opionion summary, case decided on April 09,2009, LexisNexis #0709-107

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