Legal Opinion

Wilkey v. Union Bank & Trust Co. (In Re Baird)

United States Bankruptcy Court, W.D. Kentucky

Decided July 9, 1986No. 19-30132PublishedCited by 29 opinions

1Opinion of the Court

MEMORANDUM OPINION

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

Two issues are raised by the present motion for summary judgment, both having to do with the effect of a bankruptcy filing on statutes of limitations. The more novel question presented is whether the pendency of a bankruptcy proceeding for several months has the effect of prolonging a state statute of limitations for an equivalent length of time, after the bankruptcy is dismissed.

On March 24, 1982, Charles and Joseph Baird, d/b/a Baird Brothers, renewed a $100,000 unsecured note from the Farmers State Bank. Under the terms of the loan…

2Cases cited1 opinion

  1. In Re Anthony R. Martin-Trigona, Debtor. Richard Belford, Trustee v. Anthony R. Martin-Trigona and 658 Ridge Road, Inc.Court of Appeals for the Second Circuit · 1985

3Cited by29 opinions

  1. Emil Aslanidis v. United States Lines, Inc., United States Lines (s.a.), Inc., United States Lines, Inc., Reorganization Trust, United States Lines (s.a.), Inc., Reorganization Trust, Emil Aslanidis v. Brandeis Intsel & Co., Inc., Brandeis Division of Pechiney World Trade Usa, Inc., John Doe I, John Doe Ii, John Doe Iii, Samancor, Ltd., South African Container Depots, Ltd. And Rennies Freight Services, Ltd., Brandeis Intsel & Co., Inc. And Brandeis Division of Pechiney World Trade Usa, Inc., Third-Party-Plaintiffs v. Samancor, Ltd., South African Container Depots, Ltd. And Rennies Freight Services, Ltd., Third-Party-DefendantsCourt of Appeals for the Second Circuit · 1993
  2. Aslanidis v. United States Lines, Inc.Court of Appeals for the Second Circuit · 1993
  3. Rogers v. Corrosion Products, Inc.Court of Appeals for the Fifth Circuit · 1995
  4. Brickley v. United States (In Re Brickley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  5. Molina v. United States (In Re Molina)District Court, S.D. Ohio · 1988

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