After a comprehensive stay order loses effect, for what period is limitation on reorganisation claims and reorganisation secured claims left incomplete?
General information · Not legal advice
Material to check
In a practice file, we read the copy of the comprehensive stay order to see whether one was made and against whom, any decision changing or cancelling it, and the papers fixing the date it lost effect, since the window the provision sets is measured from that date.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading confines the provision to its own window: where a comprehensive stay order exists, limitation on reorganisation claims and reorganisation secured claims does not complete from the day after the order loses effect until the day the period the provision sets has elapsed, and that window runs from the date the order lost effect rather than from the date it was made.
Another reading notes that the provision fixes nothing before that window opens, saying nothing about whether limitation completed while the order was in force, and nothing about when an order loses effect, since the court may change or cancel it, so the file has to supply both the date and the position before it.
Your judgment
Which paper in the file fixes the day the order lost effect, and what shows whether limitation had already completed before that day?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the length of the window, the event it runs from, or its effect while the order is in force, or if a court decision sets when a comprehensive stay order loses effect.