11 U.S.C. § 108 All Tolled: Is A Good Fight A Fair Fight?

By Megan E. Craig and Leon D. Bayer, Bayer, Wishman & Leotta (Los Angeles, CA)

Trustees, debtors-in-possession, and creditors alike need to know whether state law claims are tolled by bankruptcy. A creditor’s ability to toll a bankruptcy claim, and a trustee or debtor-in-possession’s ability to avoid a bankruptcy claim, has the potential to bring windfalls into the estate. Success in these objectives requires a comprehensive understanding of the tools and snares set out by 11 U.S.C. §108.

I. The Bankruptcy Estate

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