§ 108 Extension of time

Codes > United States Code > Title 11 > Chapter 1 > 108

§ 108. Extension of time

    (a) 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--

        (1) the end of such period, including any suspension of such period occurring on or after the commencement of the case; or

        (2) two years after the order for relief.

    (b) Except as provided in subsection (a) of this section, if applicable nonbankruptcy law, an order entered in a non bankruptcy 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--

        (1) the end of such period, including any suspension of such period occurring on or after the commencement of the case; or

        (2) 60 days after the order for relief.

    (c) 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--

        (1) the end of such period, including any suspension of such period occurring on or after the commencement of the case; or

        (2) 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.