ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 351
(By Senators Wooton, Dittmar, Yoder,
Schoonover and Wiedebusch)
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[Originating in the Committee on the Judiciary;
reported February 21, 1995.]
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A BILL to amend article two, chapter fifty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated
section twenty-two, relating to the tolling of the statute
of limitations of civil actions after the filing of a
petition for bankruptcy.
Be it enacted by the Legislature of West Virginia:
That article two, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-two, to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-22. When filing obstructed by defendant.
When the filing of an action is obstructed by a
defendant's filing a petition in bankruptcy or filing a petition for an extension or arrangement under the United
States bankruptcy code using any other direct or indirect means
to obstruct the filing of an action, then the time that such
obstruction has continued shall not be counted as any part of
the period within which the action must be brought except when
the commencement of the action is prohibited by the United
States bankruptcy code.