Discount Plywood Centers, Inc. v. Didio (In Re Discount Plywood Centers, Inc.)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether a state statute of limitations bars an action brought by a debtor in this court to recover a pre-proceeding debt. We conclude that, since the state statute of limitations had run prior to the filing of the chapter 11 petition, the defendant’s motion to dismiss should be sustained.

The facts of the instant case are as follows: 1 Between June and October of 1975, Discount Plywood Centers, Inc. (“Discount Plywood") sold certain building supplies to Property Maintenance Corporation (“PMC”). On June 13, 1977, Discount Plywood…