Legal Opinion

In re: Richard Sterba and Olga Sterba

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 27, 2014No. BAP NC-13-1590-KuDJu; Bankruptcy 13-10245PublishedCited by 2 opinions

1Opinion of the Court

OPINION

KURTZ, Bankruptcy Judge.

INTRODUCTION

Chapter 7 1 debtors Richard and Olga Sterba appeal from an order overruling their objection to the proof of claim filed by PNC Bank. The Sterbas maintain that, under California law, PNC’s claim was barred by the applicable four-year statute of limitations. The bankruptcy court held instead that Ohio law applied based upon the choice of law provision set forth in the promissory note on which PNC’s claim was based. Under Ohio’s six-year statute of limitations for actions on a negotiable instrument, PNC’s claim was timely.

In overruling the Sterbas’…

2Cases cited21 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. State Oil Co. v. KhanSupreme Court of the United States · 1997
  4. Lien Huynh v. Chase Manhattan BankCourt of Appeals for the Ninth Circuit · 2006
  5. James E. Peterson v. Harold Kennedy, Richard A. Berthelsen, and National Football League Players AssociationCourt of Appeals for the Ninth Circuit · 1985

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3Cited by2 opinions

  1. Knauer v. Kitchens (In re Eastern Livestock Co.)United States Bankruptcy Court, S.D. Indiana · 2016
  2. In re KimballUnited States Bankruptcy Court, W.D. Oklahoma · 2016

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