Can a creditor bring an action against the debtor in the bankruptcy court?
federal, United States of America
The following excerpt is from In re Brickley, 70 BR 113 (B.A.P. 9th Cir. 1986):
11 U.S.C. 108(c). This section extends the statute of limitations for creditors in actions against the debtor, where the creditor is hampered from proceeding outside the bankruptcy court due to the provisions of 11 U.S.C. 362. McCoy v. Grinnell, 31 B.R. 827, 831 (W.Wa.1983).
Section 6503(b) of the Internal Revenue Code states:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law where a bankruptcy court erred when it rejected an appeal from a debtor who argued that the debtor should be declared bankrupt because the debtor was unable to access the debtor's assets? (federal, United States of America)
Can a plaintiff bring a cause of action in the Federal Bankruptcy Court against a debtor in his bankruptcy? (MultiRegion, United States of America)
Does Section 542 of the Bankruptcy and Insolvency Act, 542(1) of the Code of Civil Procedure, which prohibits a debtor from entering into bankruptcy, or does the Debtors have to close the transactions in order to get out of bankruptcy? (federal, United States of America)
When a debtor files for bankruptcy relief in the federal bankruptcy court, does the debtor have access to letters of credit? (MultiRegion, United States of America)
When a non-debtor spouse of a debtor is in a bankruptcy proceeding, does the debtor have any interest in property that would have been part of the debtor's estate? (federal, United States of America)
What are the implications of a federal bankruptcy court's affirmance of a bankruptcy court order requiring the debtor to repay a judgment against him? (MultiRegion, United States of America)
Is a bankruptcy trustee permitted to avoid making preferential payments to a debtor's creditors prior to the debtor filing for bankruptcy? (MultiRegion, United States of America)
Does section 311 of the Bankruptcy Act give the bankruptcy court exclusive jurisdiction of the debtor and its property, wherever it is located? (MultiRegion, United States of America)
What is the test for an application to transfer a debtor's assets from the debtor to the debtor's creditors? (MultiRegion, United States of America)
What are the implications of the Court of Appeal's decision in a bankruptcy proceeding against the Bankruptcy Court? (MultiRegion, United States of America)
