Title 11 — Bankruptcy
Chapter 1 — General Provisions
§ 108. Extension of time
Statutory text
If applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period within which the debtor may commence an action, and such period has not expired before the date of the filing of the petition, the trustee may commence such action only before the later of—
the end of such period, including any suspension of such period occurring on or after the commencement of the case; or
two years after the order for relief.
Except as provided in subsection (a) of this section, if applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period within which the debtor or an individual protected under section 1201 or 1301 of this title may file any pleading, demand, notice, or proof of claim or loss, cure a default, or perform any other similar act, and such period has not expired before the date of the filing of the petition, the trustee may only file, cure, or perform, as the case may be, before the later of—
the end of such period, including any suspension of such period occurring on or after the commencement of the case; or
60 days after the order for relief.
Except as provided in section 524 of this title, if applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period for commencing or continuing a civil action in a court other than a bankruptcy court on a claim against the debtor, or against an individual with respect to which such individual is protected under section 1201 or 1301 of this title, and such period has not expired before the date of the filing of the petition, then such period does not expire until the later of—
the end of such period, including any suspension of such period occurring on or after the commencement of the case; or
30 days after notice of the termination or expiration of the stay under section 362, 922, 1201, or 1301 of this title, as the case may be, with respect to such claim.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 95–598 · 92 Stat. 2549
Enacted · 11 U.S.C. § 108
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2556
Source evidence
Code source credit
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2556Pub. L. 98–353 § 424(b) · 98 Stat. 333
Inserted · 11 U.S.C. § 108(a)
Pub. L. 98–353, § 424(b), inserted “nonbankruptcy” after “applicable” and “entered in a” in provisions preceding par. (1)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–353, § 424(b), inserted “nonbankruptcy” after “applicable” and “entered in a” in provisions preceding par. (1).Enacted provision · exact public law section
(b) Subsections (a), (b), and (c) of section 108 of title 11 of the United States Code are each amended by inserting “nonbankruptcy” after “applicable” and after “entered in a” each place such terms appear.Pub. L. 98–353 § 424(a) · 98 Stat. 333
Substituted · 11 U.S.C. § 108(a)(1)
Pub. L. 98–353, § 424(a), substituted “or” for “and” after the semicolon
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 98–353, § 424(a), substituted “or” for “and” after the semicolon.Enacted provision · exact public law section
(a) Subsections (a)(1), (b)(1), and (c)(1) of section 108 of title 11 of the United States Code are each amended by striking out “and” each place it appears and inserting in lieu thereof “or”.Pub. L. 98–353 § 424(b) · 98 Stat. 333
Inserted · 11 U.S.C. § 108(b)
Pub. L. 98–353, § 424(b), inserted “nonbankruptcy” after “applicable” and “entered in a” in provisions preceding par. (1)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–353, § 424(b), inserted “nonbankruptcy” after “applicable” and “entered in a” in provisions preceding par. (1).Enacted provision · exact public law section
(b) Subsections (a), (b), and (c) of section 108 of title 11 of the United States Code are each amended by inserting “nonbankruptcy” after “applicable” and after “entered in a” each place such terms appear.Pub. L. 98–353 § 424(a) · 98 Stat. 333
Substituted · 11 U.S.C. § 108(b)(1)
Pub. L. 98–353, § 424(a), substituted “or” for “and” after the semicolon
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 98–353, § 424(a), substituted “or” for “and” after the semicolon.Enacted provision · exact public law section
(a) Subsections (a)(1), (b)(1), and (c)(1) of section 108 of title 11 of the United States Code are each amended by striking out “and” each place it appears and inserting in lieu thereof “or”.Pub. L. 98–353 § 424(b) · 98 Stat. 333
Inserted · 11 U.S.C. § 108(c)
Pub. L. 98–353, § 424(b), inserted “nonbankruptcy” after “applicable” and “entered in a” in provisions preceding par. (1)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–353, § 424(b), inserted “nonbankruptcy” after “applicable” and “entered in a” in provisions preceding par. (1).Enacted provision · exact public law section
(b) Subsections (a), (b), and (c) of section 108 of title 11 of the United States Code are each amended by inserting “nonbankruptcy” after “applicable” and after “entered in a” each place such terms appear.Pub. L. 98–353 § 424(a) · 98 Stat. 333
Substituted · 11 U.S.C. § 108(c)(1)
Pub. L. 98–353, § 424(a), substituted “or” for “and” after the semicolon
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 98–353, § 424(a), substituted “or” for “and” after the semicolon.Enacted provision · exact public law section
(a) Subsections (a)(1), (b)(1), and (c)(1) of section 108 of title 11 of the United States Code are each amended by striking out “and” each place it appears and inserting in lieu thereof “or”.Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 § 257(b)(1) · 100 Stat. 3088
Inserted · 11 U.S.C. § 108(b)
Pub. L. 99–554, § 257(b)(1), inserted reference to section 1201 of this title
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–554, § 257(b)(1), inserted reference to section 1201 of this title.Enacted provision · exact public law section
(1) in subsection (b) by inserting “1201 or” before “1301”, andBankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 § 257(b)(2)(A) · 100 Stat. 3088
Inserted · 11 U.S.C. § 108(c)
Pub. L. 99–554, § 257(b)(2)(A), inserted reference to section 1201 of this title in provisions preceding par. (1)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–554, § 257(b)(2)(A), inserted reference to section 1201 of this title in provisions preceding par. (1).Enacted provision · exact public law section
(A) by striking out “section 1301” and inserting in lieu thereof “section 1201 or 1301”, andBankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 § 257(b)(2)(B) · 100 Stat. 3088
Inserted · 11 U.S.C. § 108(c)(2)
Pub. L. 99–554, § 257(b)(2)(B), which directed the amendment of subsec. (c) by inserting “1201,” after “722,” could not be executed because “722,” did not appear in text
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 99–554, § 257(b)(2)(B), which directed the amendment of subsec. (c) by inserting “1201,” after “722,” could not be executed because “722,” did not appear in text.Enacted provision · exact public law section
(B) by inserting “1201,” after “722,”.Pub. L. 109–8 title XII § 1203 · 119 Stat. 23
Substituted · 11 U.S.C. § 108(c)(2)
Pub. L. 109–8 substituted “922, 1201, or” for “922, or”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 109–8 substituted “922, 1201, or” for “922, or”.Enacted provision · exact public law section
SEC. 1203. EXTENSION OF TIME. Section 108(c)(2) of title 11, United States Code, is amended by striking “922” and all that follows through “or”, and inserting “922, 1201, or”.Effective date note
Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.
10 of 11 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
legislative statements
Extension of time: The House amendment adopts section 108(c)(1) of the Senate amendment which expressly includes any special suspensions of statutes of limitation periods on collection outside bankruptcy when assets are under the authority of a court. For example, section 6503(b) of the Internal Revenue Code [title 26] suspends collection of tax liabilities while the debtor’s assets are in the control or custody of a court, and for 6 months thereafter. By adopting the language of the Senate amendment, the House amendment insures not only that the period for collection of the taxes outside bankruptcy will not expire during the title 11 proceedings, but also that such period will not expire until at least 6 months thereafter, which is the minimum suspension period provided by the Internal Revenue Code [title 26].
senate report no. 95–989
Subsections (a) and (b), derived from Bankruptcy Act section 11 [section 29 of former title 11], permit the trustee, when he steps into the shoes of the debtor, an extension of time for filing an action or doing some other act that is required to preserve the debtor’s rights. Subsection (a) extends any statute of limitation for commencing or continuing an action by the debtor for two years after the date of the order for relief, unless it would expire later. Subsection (b) gives the trustee 60 days to take other actions not covered under subsection (a), such as filing a pleading, demand, notice, or proof of claim or loss (such as an insurance claim), unless the period for doing the relevant act expires later than 60 days after the date of the order for relief.
Subsection (c) extends the statute of limitations for creditors. Thus, if a creditor is stayed from commencing or continuing an action against the debtor because of the bankruptcy case, then the creditor is permitted an additional 30 days after notice of the event by which the stay is terminated, whether that event be relief from the automatic stay under proposed 11 U.S.C. 362 or 1301, the closing of the bankruptcy case (which terminates the stay), or the exception from discharge of the debts on which the creditor claims.
In the case of Federal tax liabilities, the Internal Revenue Code [title 26] suspends the statute of limitations on a tax liability of a taxpayer from running while his assets are in the control or custody of a court and for 6 months thereafter (sec. 6503(b) of the Code [title 26]). The amendment applies this rule in a title 11 proceeding. Accordingly, the statute of limitations on collection of a nondischargeable Federal tax liability of a debtor will resume running after 6 months following the end of the period during which the debtor’s assets are in the control or custody of the bankruptcy court. This rule will provide the Internal Revenue Service adequate time to collect nondischargeable taxes following the end of the title 11 proceedings.
Editorial Notes
Amendments1984–2005 · 3 rounds
2005
Subsec. (c)(2). Pub. L. 109–8 substituted “922, 1201, or” for “922, or”.
1986
Subsec. (b). Pub. L. 99–554, § 257(b)(1), inserted reference to section 1201 of this title.
Subsec. (c). Pub. L. 99–554, § 257(b)(2)(A), inserted reference to section 1201 of this title in provisions preceding par. (1).
Subsec. (c)(2). Pub. L. 99–554, § 257(b)(2)(B), which directed the amendment of subsec. (c) by inserting “1201,” after “722,” could not be executed because “722,” did not appear in text.
1984
Subsec. (a). Pub. L. 98–353, § 424(b), inserted “nonbankruptcy” after “applicable” and “entered in a” in provisions preceding par. (1).
Subsec. (a)(1). Pub. L. 98–353, § 424(a), substituted “or” for “and” after the semicolon.
Subsec. (b). Pub. L. 98–353, § 424(b), inserted “nonbankruptcy” after “applicable” and “entered in a” in provisions preceding par. (1).
Subsec. (b)(1). Pub. L. 98–353, § 424(a), substituted “or” for “and” after the semicolon.
Subsec. (c). Pub. L. 98–353, § 424(b), inserted “nonbankruptcy” after “applicable” and “entered in a” in provisions preceding par. (1).
Subsec. (c)(1). Pub. L. 98–353, § 424(a), substituted “or” for “and” after the semicolon.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–8 effective 180 days after , and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–554 effective 30 days after , but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after , see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
Credits
1978–2005 · 4 acts
- 1978Pub. L. 95–598, , 92 Stat. 2556
- 1984Pub. L. 98–353, title III, § 424, , 98 Stat. 369
- 1986Pub. L. 99–554, title II, § 257(b), , 100 Stat. 3114
- 2005Pub. L. 109–8, title XII, § 1203, , 119 Stat. 193.
Show as published
(Pub. L. 95–598, , 92 Stat. 2556; Pub. L. 98–353, title III, § 424, , 98 Stat. 369; Pub. L. 99–554, title II, § 257(b), , 100 Stat. 3114; Pub. L. 109–8, title XII, § 1203, , 119 Stat. 193.)