Legal Opinion
In re: Richard James Swintek
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided December 18, 2015No. BAP CC-14-1569-KiTaKu; Adv. 8:13-01106-TA; Bk. 8:10-22458-TAPublishedCited by 4 opinions
1Opinion of the Court
OPINION
KIRSCHER,, Bankruptcy Judge:
Appellant and judgment creditor Karen Good appeals an order wherein- the bankruptcy court determined that -§ 108(c) 1 did not toll or extend the . one-year expiration period for Good’s lien under CAL. CODE CIV. P. (“CCP”) § 708.110(d). This precise question of law is a matter of first impression before the. Panel. We hold that § 108(c) tolled the one-year expiration period imposed under CCP § 708.110. Therefore, we VACATE AND REMAND.
I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY
A. Prepetition events
In 2001, two law firms obtained money judgments totaling…
2Cases cited14 opinions
- In Re Joan Morton, Debtor. Joan Morton v. National Bank of New York CityCourt of Appeals for the Second Circuit · 1989
- In Re Hunters Run Limited Partnership, Debtor. Miner Corporation, and John Hand, Dba/sunny Day Cement Company v. Hunters Run Limited PartnershipCourt of Appeals for the Ninth Circuit · 1989
- Imperial Bank v. Pim Electric, Inc.California Court of Appeal · 1995
- In re: Benjamin Moonkang HuhUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- In Re GbadeboUnited States Bankruptcy Court, N.D. California · 2010
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3Cited by4 opinions
- Charles Daff v. Karen GoodCourt of Appeals for the Ninth Circuit · 2018
- Department of Toxic Substances Control v. Lisa Marie Rossi, et al.District Court, N.D. California · 2026
- In re: James Jin Qing LiUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2018
- Rubin v. RossCalifornia Court of Appeal · 2021