ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 351
(Senators Wooton, Dittmar, Yoder,
Schoonover and Wiedebusch, original sponsors)
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[Passed March 10, 1995; in effect ninety days from passage.]
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AN ACT 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 statutes of
limitation upon claims and causes of action which have not
been instituted prior to a stay or order resulting from a
bankruptcy proceedings.
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. Effect of bankruptcy.
The running of any statute of limitation shall be tolled for any claim or cause of action for which the prosecution of
the same within the period of limitation has been stayed by the
provisions of the United States bankruptcy code or by an order
entered in a bankruptcy proceeding pending the duration of the
stay or the effective period of the order and for a period
thereafter of the remaining period of limitation or for one
year, whichever is longer.