Question Details: In SC does the statute of limitation laws apply and protect a defendant whom is in a ch. 13 bankruptcy and has a breach of contract (insurance) suit brought against them? How does the tolling rules affect this in SC?
I am a lawyer in CT and practice in this area of the law. The rule regarding bankruptcy is that once the the filing happens the pending lawsuits are stayed untill the bankruptcy is resolved. thus, you need to file a motion to stay the pending contract case. the court will grant the stay. the bk filing will seek to discharge the pending contract claim/judgment. Once the bk court grants the petition (which will include the debt arising out of the pending contract claim), the contract claim will be discharged among the other debts.

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