United States First Circuit

In this personal injury action, plaintiff brought an asbestos claim that had accrued roughly a decade earlier, and when defendant raised a statute of limitations defense, plaintiff argued that defendant's Chapter 11 Bankruptcy Reorganization Plan allows it to bring this claim whenever it wishes to do so until all of the proceeds of defendant's insurance policy are exhausted. Judgment of the district court dismissing plaintiff's suit on statute of limitations grounds is affirmed, where the Reorganization Plan unambiguously terminated the automatic stay without limitation or qualification and contains no provision that even remotely provides for any further tolling of the limitations period beyond that granted by the Bankruptcy Code.

Appellate Information

• Decided 02/11/2015
• Published 02/11/2015

Judges

• Kayatta

Court

• United States First Circuit

Counsel