California Appellate Tracker

In re Swintek (Daff v. Good)

December 11, 2018

Statutory one-year lien on a judgment debtor’s personal property is tolled by 11 U.S.C. 108(c), which extends the time for commencing or continuing a civil action on a pre-petition claim against the debtor during the automatic bankruptcy stay.

11 USC section 108(c) extends the time for commencing or continuing a civil action on a pre-petition claim against the debtor while the automatic stay in bankruptcy is in effect preventing prosecution of the claim. This decision holds that section 108(c) applies to, and tolls the time for renewing, the one-year lien on a judgment debtor’s personal property that arises as a matter of law from the service on the judgment debtor of an order to appear and give information to aid enforcement of the judgment under CCP 708.110.

Ninth Circuit Court of Appeals (Bybee, J.; Wardlaw, J., dissenting); October 22, 2018; 2018 U.S. App. LEXIS 29646

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In re Swintek (Daff v. Good)

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