A bankruptcy tolls or statutory limitations to bring a lawsuit. It is tolled from the time of filing until the time the automatic stay is lifted or ends (plus a buffer, typically 30-90 days). The tricky part is just when did the automatic stay end? Upon discharge? Upon case closing? Are there differences in a Chapter 7 versus a Chapter 13?
This is probably why SOL situations that are very narrow and tight, as to just when did it end, are particularly cumbersome when dealing with a bankruptcy.
Also, see 11 USC 108.
This is probably why SOL situations that are very narrow and tight, as to just when did it end, are particularly cumbersome when dealing with a bankruptcy.
Also, see 11 USC 108.
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