In Re: Basil N. Spirtos, Debtor. Thelma v. Spirtos v. Irene Moreno, 221 F.3d 1079 (9th Cir. 2000). · Go Syfert
In Re: Basil N. Spirtos, Debtor. Thelma v. Spirtos v. Irene Moreno, 221 F.3d 1079 (9th Cir. 2000). Cases Citing This Book View Copy Cite
“the period during which may renew her judgment does not expire until 30 days after notice of the termination or expiration of the stay in estate.”
63 citation events (63 in the last 25 years) across 11 distinct courts.
Strongest positive: People's Bail Bonds v. Dobos (In Re Dobos) (bap9, 2019-08-02)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) People's Bail Bonds v. Dobos (In Re Dobos) (2×) also: Cited "see"
9th Cir. BAP · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
the period during which may renew her judgment does not expire until 30 days after notice of the termination or expiration of the stay in estate.
discussed Cited as authority (rule) Phillips v. Gilman (In Re Gilman) (2×) also: Cited "see"
9th Cir. BAP · 2019 · confidence medium
In In re Spirtos , the Ninth Circuit was concerned with when the limitations period expired. 221 F.3d at 1081 ("Thus, the period of duration under Cal. Civ.
discussed Cited as authority (rule) In re: Richard James Swintek (2×) also: Cited "see"
9th Cir. BAP · 2015 · confidence medium
Even though Swintek received a discharge in October 2012, which effectively terminated the automatic stay as to him, the stay is still in effect here because funds remain in the bankruptcy estate, which' Trustee has not' abandoned. § 362(a)(3), (c)(1); In re Spirtos, 221 F.3d at 1081 (so long as assets remain in the estate the stay as to property of the estate remains in effect). 2.
discussed Cited as authority (rule) In re: Richard James Swintek (2×) also: Cited "see"
9th Cir. BAP · 2015 · confidence medium
P'ship, 875 23 F.2d at 1427; United States v. Valley Nat'l Bank (In re Decker), 24 199 B.R. 684, 688 (9th Cir. BAP 1996). 25 Second, the appeal is not moot based on Swintek's discharge. 26 Even though Swintek received a discharge in October 2012, which 27 effectively terminated the automatic stay as to him, the stay is 28 still in effect here because funds remain in the bankruptcy -8- 1 estate, which Trustee has not abandoned. § 362(a)(3), (c)(1); In 2 re Spirtos, 221 F.3d at 1081 (so long as assets remain in the 3 estate the stay as to property of the estate remains in effect). 4 2.
discussed Cited as authority (rule) El Reno Housing Associates LP v. Cowen
Okla. Civ. App. · 2014 · confidence medium
T16 (quoting Spirtos v. Moreno, 221 F.3d 1079, 1081 (9th Cir.2000)). 1 2 We would be remiss in my view, however, if we failed to note that 3M Dozer, unlike the present case, involved direct action by the creditor to execute on the judgment (by means of a writ of execution) within that 30-day window. 1 The Supreme Court specifically held that, "[allithough Creditor was not prohibited from renewing its judgment and extending its lien by the automatic stay triggered by Debtor's bankruptey, the bankruptcy code extended the time in which Creditor could execute on the judgment and judgment lien for …
discussed Cited as authority (rule) Shamus Holdings, LLC v. LBM Financial, LLC (In Re Shamus Holdings, LLC)
Bankr. D. Mass. · 2009 · confidence medium
In In re Morton, 866 F.2d at 566 , and In re Spirtos, 221 F.3d 1079, 1080-81 (9th Cir.2000), the Second and Ninth Circuits held that the time to renew judgment liens on debtors’ property was tolled by section 108(c) for thirty days after notice of termination of the automatic stay.
discussed Cited as authority (rule) In Re 201 Forest Street, LLC
Bankr. D. Mass. · 2009 · confidence medium
In In re Morton, 866 F.2d at 566 , and In re Spirtos, 221 F.3d 1079, 1080-81 (9th Cir.2000), the Second and Ninth Circuits held that the time to renew judgment liens on debtors’ property was tolled by section 108(c) for thirty days after notice of termination of the automatic stay.
cited Cited as authority (rule) Smith v. Lachter (In Re Smith)
9th Cir. BAP · 2006 · confidence medium
Smith II, 293 B.R. at 223; Spirtos v. Moreno (In re Spirtos), 221 F.3d 1079, 1080-81 (9th Cir.2000).
discussed Cited as authority (rule) 3M Dozer Service, Inc. v. Baker
Okla. · 2006 · confidence medium
Spirtos v. Moreno (In re Spirtos), 221 F.3d 1079, 1081 (9th Cir.2000) (“It is the creditor’s inability to enforce the judgment for a portion of the [dormancy] period that keeps the period of duration open under section 108(c).”) enforced by, among others, Moreno v. Spirtos, No. B169547, 2004 WL 1682358 (Cal.Ct.App.
discussed Cited "see" Sanborn v. Kennedy CA6
Cal. Ct. App. · 2024 · signal: accord · confidence high
(See Rubin, supra, 65 Cal.App.5th at p. 167.) Title 11 United States Code section 108 (c) “has been interpreted to provide a 30-day ‘grace period’ or ‘extension’ for a judgment creditor to perform any act necessary to commence or continue a claim following the expiration of a bankruptcy stay. [Citations.]” (Rubin, supra, at p. 162, fn. 3.)9 In the context of a judgment debtor’s bankruptcy proceedings, “title 11 United States Code section 108 (c) operates to extend the time within which a judgment creditor has to seek the renewal of a judgment under Code of Civil Procedure secti…
discussed Cited "see" Sanborn v. Kennedy CA6
Cal. Ct. App. · 2024 · signal: accord · confidence high
(See Rubin, supra, 65 Cal.App.5th at p. 167.) Title 11 United States Code section 108 (c) “has been interpreted to provide a 30-day ‘grace period’ or ‘extension’ for a judgment creditor to perform any act necessary to commence or continue a claim following the expiration of a bankruptcy stay. [Citations.]” (Rubin, supra, at p. 162, fn. 3.)9 In the context of a judgment debtor’s bankruptcy proceedings, “title 11 United States Code section 108 (c) operates to extend the time within which a judgment creditor has to seek the renewal of a judgment under Code of Civil Procedure secti…
discussed Cited "see" Rubin v. Ross
Cal. Ct. App. · 2021 · signal: see · confidence high
(Rogers v. Corrosion Prods. (5th Cir. 1995) 42 F.3d 292, 297 ; see In re Spirtos (9th Cir. 2000) 221 F.3d 1079, 1080-1081 (Spirtos).) 5 issued by federal district courts and the bankruptcy appellate panel of the Ninth Circuit.4 The case most factually on point appears to be In re Lobherr (Bankr.
discussed Cited "see" In re: Charles Stuart Brown and Holly Ann Brown
9th Cir. BAP · 2019 · signal: see · confidence high
See Spirtos v. Moreno (In re Spirtos), 221 F.3d 1079 (9th Cir. 2000) (finding that application of California’s requirement to renew judgment was tolled pending the bankruptcy under § 108(c)).
cited Cited "see" Debra Jacobs v. Brain Power America, Inc.
9th Cir. · 2018 · signal: see · confidence high
See In re Spirtos, 221 F.3d 1079, 1081 (9th Cir. 2000). 2 did not list Brain Power as a creditor in the original bankruptcy proceeding.
discussed Cited "see" Cavaretta v. Bixby CA2/8
Cal. Ct. App. · 2014 · signal: see · confidence high
(Eskanos & Adler, P.C. v. Leetien (9th Cir. 2002) 309 F.3d 1210, 1214 .) The stay remains in effect with respect to property of the estate “until such property is no longer property of the estate.” ( 11 U.S.C. § 362 (c)(1); see In re Spirtos (9th Cir. 2000) 221 F.3d 1079, 1081 .) The bankruptcy court has exclusive jurisdiction to determine the scope and applicability of the automatic stay.
discussed Cited "see" Pioneer Construction, Inc. v. Global Investment Corp.
Cal. Ct. App. · 2011 · signal: see · confidence high
(In re Schwartz (9th Cir. 1992) 954 F.2d 569, 571 .) The automatic stay remains in effect with respect to property of the estate “until such property is no longer property of the estate.” ( 11 U.S.C. § 362 (c)(1); see In re Spirtos (9th Cir. 2000) 221 F.3d 1079, 1081 .) California law permits a contractor who furnishes labor and materials for construction on real property to record a notice of lien against the property.
cited Cited "see" State v. Rogers
N.D. · 2011 · signal: see · confidence high
See In re Spirtos , 221 F.3d 1079, 1080-81 (9th Cir. 2000), In re Smith , 352 B.R. at 705 ; In re Greenberg , 288 B.R. 612, 614-15 (Bankr.
cited Cited "see" F/S Manufacturing v. Kensmoe
N.D. · 2011 · signal: see · confidence high
See In re Spirtos, 221 F.3d 1079, 1080-81 (9th Cir.2000), In re Smith, 352 B.R. at 705 ; In re Greenberg, 288 B.R. 612, 614-15 (Bankr.S.D.Ga.2002); see also 2 Collier on Bankruptcy at ¶ 108.04[1].
discussed Cited "see" Shamus Holdings, LLC v. LBM Financial, LLC (In Re Shamus Holdings, LLC) (2×)
1st Cir. · 2011 · signal: see · confidence high
See Spirtos v. Moreno (In re Spirtos), 221 F.3d 1079, 1080-81 (9th *267 Cir.2000); Morton v. Nat’l Bank of N.Y.C.
examined Cited "see" LBM Financial, LLC v. 201 Forest Street, LLC (In Re 201 Forest Street, LLC) (5×)
1st Cir. BAP · 2010 · signal: see · confidence high
See In re 201 Forest Street, 404 B.R. at 14 (citing Spirtos v. Moreno (In re Spirtos), 221 F.3d 1079, 1080 (9th Cir.2000); Morton v. Nat’l Bank of N.Y.C.
cited Cited "see" Securities & Exchange Commission v. Smith
9th Cir. · 2006 · signal: see · confidence high
See Spirtos v. Moreno (In re Spirtos), 221 F.3d 1079, 1081 (9th Cir.2000).
discussed Cited "see" Smith v. Lachter (In Re Smith) (2×)
9th Cir. BAP · 2003 · signal: see · confidence high
See In re Spirtos, 221 F.3d 1079 (9th Cir.2000)(§ 108(c) defines the post-bankruptcy renewal period for prepetition state court judgments, when the renewal period has not expired as of the petition date).
Retrieving the full opinion text from the archive…
In Re Basil N. SPIRTOS, Debtor. Thelma
v.
Spirtos, Appellant, v. Irene Moreno, Appellee
Michelle Spirtos argued the cause for Appellant. On the briefs were Jon J. Eardley, Santa Monica, CA, and John B. Spirtos, Kirkpatrick & Lockhart, Washington, D.C., Ronald A. Cher, Los Angeles, CA, argued the cause for Appellee. With him on the brief was Joseph L. Shalant.
Browning, Kozinski, Wardlaw.
Cited by 27 opinions  |  Published
KOZINSKI, Circuit Judge.

In 1983, Irene Moreno won a medical malpractice judgment against Dr. Basil Spirtos. See Moreno v. Beverly Hosp., No. C242972 (L.A.Super.Ct. Apr. 18, 1983). Four years later, Basil declared bankruptcy. Moreno filed three proofs of claim based on the judgment in Basil’s bankruptcy estate. Basil was granted a discharge in April 1996, one month before his death.

Following the discharge, the trustee of Basil’s estate filed an objection to Moreno’s claims on the ground that they were duplicative. The bankruptcy court agreed and allowed only one claim, for the judgment amount plus interest, less the payments Basil’s estate had already made. Thelma Spirtos, Basil’s ex-wife, then objected to Moreno’s claim as party in interest. [1] She argued that the judgment was void under the California statute of duration, which provides that a judgment becomes unenforceable after ten years. See Cal. Civ. Pro.Code § 683.020. The ten-year period expired in 1993, after Basil had filed for bankruptcy but before the claim was allowed. Because Moreno failed to renew the judgment under Cal. Civ. Pro. Code § 683.110, Thelma argued, her claim must be disallowed. See 11 U.S.C. § 502(b)(1) (court shall not allow claims that are “unenforceable against the debtor and property of the debtor, under ... applicable law”).

The bankruptcy court overruled Thelma’s objection and the district court affirmed, finding that the automatic stay of 11 U.S.C. § 362(a) precluded Moreno from renewing the judgment. Moreover, the district court held that 11 U.S.C. § 108(c) extended the ten-year statute of duration while Basil remained in bankruptcy, and that Moreno was enjoined by 11 U.S.C. § 524 from filing for renewal once Basil was discharged. Thelma appeals.

We confine our analysis to section 108(c), which provides:

[I]f applicable nonbankruptcy law ... fixes a period for commencing or continuing a civil action in a court other than a bankruptcy court on a claim against the debtor ..., then such period does not expire until ... 30 days after notice of the termination or expiration of the stay under section 362....

On its face, section 108(c) appears to cover our situation. The California statute of duration is a nonbankruptcy law that applies to the Moreno judgment. The statute fixes a ten-year period during which Moreno had to keep the judgment from expiring by filing for renewal. Under section 108(c), then, the limitations period[*1081] does not expire until 30 days after the end of the automatic stay.

Pursuant to 11 U.S.C. § 362(c)(1), the automatic stay remains in force with respect to property of the estate “until such property is no longer property of the estate.” So long as there are assets in the estate, then, the stay remains in effect, preventing Moreno from collecting her judgment by attaching those assets. See 3 Collier on Bankruptcy § 362.06(1) (15th ed.) (“In the case of an act against property of the estate, the stay continues until the property is no longer property of the estate.”). Thus, the period of duration under Cal. Civ. Pro.Code § 683.020 will not expire until 30 days after all the assets in Basil’s estate have been finally distributed, an event that has not yet occurred.

The Second Circuit reached the same conclusion in In re Morton, 866 F.2d 561 (2d Cir.1989). Morton concerned the validity of a bank’s judgment lien against a debtor’s property. Like the Moreno judgment, the lien had a ten-year life under state law. The limitations period expired while the debtor was in bankruptcy, and the debtor argued that the lien became unenforceable because the bank had failed to renew it. The bank countered that section 108(c) preserved the lien beyond the ten-year period. Relying on the “specific language of the statute,” the court held that the bank had 30 days after termination of the stay to renew its lien. Id. at 566; accord Rogers v. Corrosion Prods., Inc., 42 F.3d 292, 297 (5th Cir.1995) (if no federal or state law suspends the statute of duration, “a party must file suit within the thirty-day grace period after the end of the stay”); Aslanidis v. United States Lines, Inc., 7 F.3d 1067, 1073 (2d Cir.1993) (section 108(c) “calls for applicable time deadlines to be extended for 30 days after notice of the termination of a bankruptcy stay, if any such deadline would have fallen on an earlier date”).

In re Hunters Run Ltd. Partnership, 875 F.2d 1425 (9th Cir.1989), is entirely consistent. In Hunters Run, a creditor recorded a mechanic’s lien against a debt- or’s property. The property was transferred to Hunters Run, which declared bankruptcy. Because the creditor failed to enforce its hen within eight months, as required by state law, Hunters Run argued the lien was void. We rejected this argument, holding that section 108(c) extended the period during which the creditor could enforce its lien. See id. at 1428. In so doing, we found that the “[ajpplica-bility of section 108(c) in this case hinges on the applicability of ... the automatic stay provisions of 11 U.S.C. § 362.” Id. at 1427. Thelma relies on this language to argue that Moreno may not avail herself of section 108(c) unless Moreno was barred by the section 362 stay from renewing her judgment — which Thelma argues Moreno was not. See Checkers Drive-In Restaurants, Inc. v. Commissioner, 51 F.3d 1078, 1083-84 (D.C.Cir.1995); In re Larson, 979 F.2d 625, 627 (8th Cir.1992).

Thelma reads too much into Hunters Run. The case stands for the proposition that section 108(c) extends the limitations period so long as the creditor is barred by the automatic stay from enforcing its judgment against the property of the estate. In Hunters Run, the creditor was barred from enforcing a lien against a specific asset of the estate. Here, Moreno is barred by the automatic stay from collecting on a judgment by attaching the debt- or’s assets which have become property of the estate. It is the creditor’s inability to enforce the judgment for a portion of the ten-year period that keeps the period of duration open under section 108(c). Whether the automatic stay also precluded the creditor from renewing the judgment — an issue we need not decide — -is beside the point. Morton reached the same conclusion, even though it held that section 362 did not bar the creditor from renewing its judgment. See Morton, 866 F.2d at 564-65; accord Rogers, 42 F.3d at 297 (analyzing section 108(c) without regard to whether section 362 stay barred action against debtor).

The period during which Moreno may renew her judgment does not expire until[*1082] 30 days after notice of the termination or expiration of the stay in Basil’s estate. Thelma’s contention that allowance of Moreno’s claim violates the Fifth, Tenth and Eleventh Amendments is without merit.

AFFIRMED.

1

. In addition to being a creditor in Basil’s estate, Thelma is involved in bankruptcy proceedings of her own. She assumed half of the Moreno debt pursuant to her Marriage Settlement Agreement with Basil, and also objects to Moreno’s claim in her own estate. We reject this contention in a memorandum disposition filed concurrently herewith. See In re Thelma V. Spirtos, No. 98-55106.