Daniel H. Slate will speak at the 45th Annual Southeastern Bankruptcy Law Institute seminar in Atlanta March 21- 23. He will speak on "TIME WAITS FOR NO ONE. EXCEPT IN BANKRUPTCY. SOMETIMES. Understanding the Benefits and Limitations of Section 108 and other bankruptcy statutes of limitation" on March 23.
The commencement of a bankruptcy may affect litigation deadlines, jurisdictional and otherwise, which can keep lawyers up at night pondering the imponderable: how the Dickens can the client continue to assert its claims? And, of course, the consequences of a slight miscue can be devastating to your client (and perhaps to your career). This session will explore the impact of Section 108 on non-bankruptcy-related time limitations affecting the rights of various parties in a bankruptcy case, including (i) the extension for the debtor or trustee of the period to commence litigation or take certain actions (such as exercising rights of redemption), (ii) the applicability and operation of the statutes of limitations on avoidance actions, (iii) possible tolling of bankruptcy actions, and other deadlines, and (iv) the interaction of Section 108 with other sections of the Bankruptcy Code or with non-bankruptcy statutes.