Senate Bill No. 351
(By Senators Wooton, Dittmar, Yoder
,
Schoonover and Wiedebusch)
[Introduced February 14, 1995; referred to the
Committee on the Judiciary.]
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 Act
or 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.
NOTE: The purpose of this bill is to stay the statute of
limitations during bankruptcy proceedings.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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