Kertesz v. Ostrovsky

In Kertesz v. Ostrovsky (2004) 115 Cal.App.4th 369, plaintiffs filed a complaint to recover on a prior unpaid judgment. They alleged that the defendants filed for bankruptcy protection on April 12, 1991, and the bankruptcy court denied the plaintiffs' allegation that the debt was nondischargeable on August 14, 1992, entering judgment on the plaintiffs' complaint in the bankruptcy proceeding. The parties did not inform the trial court of the date the bankruptcy proceedings ended. (Id. at pp. 371-373.) The court ruled that the limitations period for filing the complaint had been tolled by the defendant's petition for bankruptcy under 11 United States Code section 362(a). (Id. at p. 374.) The court also ruled that the time for filing the complaint was extended pursuant to 11 United States Code section 108(c) for 30 days "after notice of the termination or expiration of the stay under section 362." (Id. at p. 377.)