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11 U.S.C. § 108Extension of time

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 357 words · no verdicts yet

in plain englishAI-generated · not legal advice

Bankruptcy filing pauses many deadlines a debtor was already facing before the case started. A trustee gets extra time to act, on top of whatever time was originally left. This covers filing lawsuits, filing claims, curing defaults, and continuing outside court cases.

(a) Suppose a law outside bankruptcy, a court order, or an agreement sets a deadline for the debtor to start a lawsuit, and that deadline hasn't passed yet when the bankruptcy petition is filed. The trustee can still start that lawsuit, but only up until the later of: (1) the end of the original deadline, including any pause in that deadline that happens on or after the case begins; or (2) two years after the order for relief (roughly, when the case officially starts). (b) Except as subsection (a) covers, if a deadline outside bankruptcy — from a law, court order, or agreement — lets the debtor, or an individual protected under section 1201 or 1301, file something (a pleading, demand, notice, or proof of claim or loss), fix a default, or do some other similar act, and that deadline hasn't passed when the petition is filed, the trustee can only file, fix, or act up until the later of: (1) the end of the original deadline, including any pause happening on or after the case begins; or (2) 60 days after the order for relief. (c) Except as section 524 covers, if a deadline outside bankruptcy sets a time limit for starting or continuing a civil lawsuit — in a court other than bankruptcy court — against the debtor, or against an individual protected under section 1201 or 1301, and that deadline hasn't passed when the petition is filed, then the deadline doesn't expire until the later of: (1) the end of the original deadline, including any pause happening on or after the case begins; or (2) 30 days after notice that the automatic stay under section 362, 922, 1201, or 1301 has ended, for that particular claim.
the actual law source: uscode.house.gov ↗public domain
(a)

If applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period within which the debtor may commence an action, and such period has not expired before the date of the filing of the petition, the trustee may commence such action only before the later of—

(1)

the end of such period, including any suspension of such period occurring on or after the commencement of the case; or

(2)

two years after the order for relief.

(b)

Except as provided in subsection (a) of this section, if applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period within which the debtor or an individual protected under section 1201 or 1301 of this title may file any pleading, demand, notice, or proof of claim or loss, cure a default, or perform any other similar act, and such period has not expired before the date of the filing of the petition, the trustee may only file, cure, or perform, as the case may be, before the later of—

(1)

the end of such period, including any suspension of such period occurring on or after the commencement of the case; or

(2)

60 days after the order for relief.

(c)

Except as provided in section 524 of this title, if applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period for commencing or continuing a civil action in a court other than a bankruptcy court on a claim against the debtor, or against an individual with respect to which such individual is protected under section 1201 or 1301 of this title, and such period has not expired before the date of the filing of the petition, then such period does not expire until the later of—

(1)

the end of such period, including any suspension of such period occurring on or after the commencement of the case; or

(2)

30 days after notice of the termination or expiration of the stay under section 362, 922, 1201, or 1301 of this title, as the case may be, with respect to such claim.

Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2556; Pub. L. 98–353, title III, § 424, July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, § 257(b), Oct. 27, 1986, 100 Stat. 3114; Pub. L. 109–8, title XII, § 1203, Apr. 20, 2005, 119 Stat. 193.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-598 · 92 Stat. 2556
  • 1984Amended · Pub. L. 98-353 · 98 Stat. 369
  • 1986Amended · Pub. L. 99-554 · 100 Stat. 3114
  • 2005Amended · Pub. L. 109-8 · 119 Stat. 193

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.

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