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Engrossed Version Senate Bill 351 History

OTHER VERSIONS  -  Committee Substitute (1)  |  Enrolled Version - Final Version  |  Introduced Version  |     |  Email
Key: Green = existing Code. Red = new code to be enacted
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 351

(By Senators Wooton, Dittmar, Yoder,

Schoonover and Wiedebusch)

__________

[Originating in the Committee on the Judiciary;

reported February 21, 1995.]

__________

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.
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