Bankruptcy Case Law: Statute of Limitations and Bankrutpcy

BANKRUPTCY CASE LAW:

STATUTE OF LIMITATIONS AND BANKRUPTCY

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This firm does not make any representations as to the accuracy or current status of any case cited herein.

Debtors may amend their Schedules at any time -- F.R.Bankr.P 1009 -- but some courts hold that this right is dependent upon the Debtors' acting in good faith and no other parties being prejudiced by the late amendment. See, e.g., In re Cinelli, Chapter 7, Case No. 05-16962 , UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF NEW YORK , 2006 Bankr. LEXIS 3432; In re Price, BANKRUPTCY CASE NO. 06-62721-MGD , UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION, 2006 Bankr. LEXIS 3247.

KERTESZ v. OSTROVSKY (01/28/04 - No. G030640, G031373) (California Appellate Districts) Plaintiffs' complaint, seeking an unpaid judgment, was timely; the limitations period was tolled by defendant's bankruptcy petition and by the resulting automatic stay. Judgment of dismissal is accordingly reversed.

OPINION SUMMARIES ARCHIVE FindLaw archives case law summaries of opinion issued since September 2000 by the U.S. Supreme Court, all thirteen Federal Circuit Courts, the California Supreme Court, the California Appellate Courts, and the New York Court of Appeals. http://caselaw.lp.findlaw.com/casesummary/index.html