Brandt v. Weyant (In Re Brandt)

Order

KEITH M. LUNDIN, Bankruptcy Judge.

For the reasons stated in the Memorandum filed contemporaneously herewith, IT IS ORDERED, ADJUDGED and DECREED that partial summary judgment on the statute of limitations is granted to plaintiff.

IT IS SO ORDERED.

Memorandum

The issue on summary judgment is whether “may not” in § 526(a) of The Service members’ Civil Relief Act of 2003 (SCRA), 50 U.S.C. app. § 526(a), mandates the tolling of all state statutes of limitations in this adversary proceeding. The tolling provision is mandatory and Plaintiffs causes of action are not time barred. The following are…