![]() Section 108 was enacted as part of the Bankruptcy Code in 1978. Finally, section 108(c) extends time periods for commencing or continuing actions in nonbankruptcy courts that are stayed by the automatic stay or certain other complementary provisions of the Bankruptcy Code. Section 108(b) gives the trustee or DIP 60 days to take actions not covered under section 108(a), such as filing pleadings, demands, notices, or proofs of claim or loss, unless the period for doing the relevant act expires later than 60 days after the date of the order for relief. See generally Collier on Bankruptcy ¶ 108.02 (16th ed. In addition, section 108(a) does not apply if a statute of limitations has expired prior to entry of the order for relief. Limitation periods for causes of action arising under the Bankruptcy Code are not governed by section 108(a) but rather by sections 546(a), 549(d), and 550(e). 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.ġ1 U.S.C. Section 108(a) of the Bankruptcy Code essentially establishes a two-year deadline from entry of the bankruptcy "order for relief" for a bankruptcy trustee (or a chapter 11 debtor-in-possession ("DIP")) to commence actions on behalf of the estate, provided that the applicable time period did not expire before the filing of the bankruptcy petition. The decision illustrates the increasing extent to which (now 15-year-old) chapter 15 has become an invaluable resource for the representatives of foreign debtors in cross-border bankruptcy cases. Bankruptcy Court for the Southern District of New York held that a foreign representative in a case under chapter 15 of the Bankruptcy Code can rely on the Bankruptcy Code's statute of limitations tolling provision to extend the deadline under foreign bankruptcy law to commence avoidance litigation. of Norske Skogindustrier ASA, 2021 WL 1687903 (Bankr.
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