MATTER OF PHILLIP

No. 91-3081.

948 F.2d 985 (1991)

In the Matter of Victor J. PHILLIP, Debtor. INDEPENDENT FIRE INSURANCE COMPANY, Appellee, v. John T. PENDER, Trustee of the bankruptcy estate of Victor J. Phillip, Appellant.

United States Court of Appeals, Fifth Circuit.

December 20, 1991.


Attorney(s) appearing for the Case

Landwehr & Hof, Merrill T. Landwehr, New Orleans, La., for appellant.

Thomas M. Richard, Hailey, McNamara, Hall, Larmann & Papale, Metairie, La., for appellee.

Before POLITZ, KING and JOHNSON, Circuit Judges.


KING, Circuit Judge:

Section 108(a) of the Bankruptcy Code, which ensures that a trustee may pursue prepetition claims of the debtor within two years after the filing date or the applicable prescription period, whichever is longer, is the focus of our review of this case. We inquire into whether this provision extends the prescription period for claims arising during the period between the filing of a Chapter 11 petition...

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