RESTAURANT CO. v. UNITED LEASING CORP.

No. 051451.

628 S.E.2d 520 (2006)

271 Va. 529

RESTAURANT COMPANY, et al. v. UNITED LEASING CORPORATION.

Supreme Court of Virginia.

April 21, 2006.


Attorney(s) appearing for the Case

Steven S. Biss, for appellants

James E. Kane (Michael P. Murphy; Chaplin, Papa & Gonet, Richmond, on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and COMPTON, Senior Justice.


CYNTHIA D. KINSER, Justice.

In this appeal, we decide what effect, if any, the assumption of an unexpired lease in a Chapter 11 bankruptcy plan had on the running of the statute of limitations with regard to obligations under surety agreements. Because assuming an unexpired lease in bankruptcy did not create a new obligation between the parties to the original lease, we find that the statute of limitations as to the sureties...

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