Legal Opinion
Smith v. Lachter (In Re Smith)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided April 23, 2003No. BAP No. AZ-02-1399-PBRy. Bankruptcy No. 95-06077-PHX-RTB. Adversary No. 00-539PublishedCited by 4 opinions
1Opinion of the Court
OPINION
PERRIS, Bankruptcy Judge.
The issue in this appeal is whether the bankruptcy court correctly concluded that Sidney and Sandra Lachter (“the Ladders”), holders of a prepetition state court judgment against debtor James M. Smith (“debtor”), timely renewed that judgment within the extended period permitted by § 108(c). 1 The bankruptcy court erred in determining that the Ladders timely renewed the state court judgment under § 108(c)(2). However, they may have timely renewed the judgment under § 108(c)(1). We REVERSE and REMAND for the court to consider this issue.
FACTS
The Lachters obtained…
2Cases cited15 opinions
- Aslanidis v. United States Lines, Inc.Court of Appeals for the Second Circuit · 1993
- In Re De Laurentiis Entertainment Group Inc., a Delaware Corporation, Debtor. Carolco Television Inc. v. National Broadcasting Co.Court of Appeals for the Ninth Circuit · 1992
- In Re Joan Morton, Debtor. Joan Morton v. National Bank of New York CityCourt of Appeals for the Second Circuit · 1989
- Rogers v. Corrosion Products, Inc.Court of Appeals for the Fifth Circuit · 1995
- Ruvacalba v. Munoz (In Re Munoz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
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3Cited by4 opinions
- Lachter v. SmithArizona Supreme Court · 2004
- In Re WorldCom, Inc.United States Bankruptcy Court, S.D. New York · 2007
- Smith v. Lachter (In Re Smith)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- 3M Dozer Service, Inc. v. BakerSupreme Court of Oklahoma · 2006