Legal Opinion

River Parishes Dirt & Gravel, LLC v. Bankplus (In re Willow Bend Ventures, LLC)

United States Bankruptcy Court, E.D. Louisiana

Decided May 31, 2019No. CASE NO. 17-11178; ADV.P. NO. 18-1122Published

1Opinion of the Court

Creditors' entitlements in bankruptcy arise in the first instance from the underlying substantive law creating the debtor's obligation, subject to any qualifying or contrary provisions of the Bankruptcy Code. Consequently, when federal bankruptcy law supplies a rule that *298speaks directly to the right at issue, that rule controls. So it is here: while Massachusetts law defines the parties' rights and obligations under the mortgage (including the duration of the limitations period), section 108(c) of the Bankruptcy Code speaks directly to the enlargement of the statute of limitations periods.…

2Cases cited8 opinions

  1. In Re Halmar Distributors, Inc., Debtors. General Electric Company v. Halmar Distributors, Inc.Court of Appeals for the First Circuit · 1992
  2. Maiona v. Vassilowitch (In Re Vassilowitch)United States Bankruptcy Court, D. Massachusetts · 1987
  3. Bond Enterprises, Inc. v. Western Bank of Farmington (In Re Bond Enterprises, Inc.)United States Bankruptcy Court, D. New Mexico · 1985
  4. LBM Financial, LLC v. 201 Forest Street, LLC (In Re 201 Forest Street, LLC)Bankruptcy Appellate Panel of the First Circuit · 2010
  5. FirsTrust Bank v. Indus. Bank (In re Essex Constr., LLC)United States Bankruptcy Court, D. Maryland · 2018

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