Are you now prevented from suing. If there is no bankruptcy, then the answer most times would be yes. However, section 108 of the bankruptcy code states that if the statute of limitations has not expired when the bankruptcy was filed, then the time to sue does not end until the later of when it normally would have run out (2 years) OR 30 days after the automatic stay ends. So in this example, you could still proceed with the lawsuit as long as you file within 30 days of getting the permission tp proceed
The Coronavirus has taken its toll on numerous and diverse businesses. Retailers and restaurants are two of the businesses that have been hit the hardest. On December 5, 2022 Bertucci’s Brick Oven Pizza & Pasta filed a Chapter 11 bankruptcy.
The Bankruptcy Judge issued an Order to Show cause indicating that the Cherry Hill company’s bankruptcy case would be dismissed if the required documents were not filed. In addition, the debtor needed to hire an attorney.