Passenger Claim Dismissed For Failure To File Suit Within 30 Days After Bankruptcy Plan Of Reorganization Approved
ANTHONY CALDERON, Plaintiff, - against COMMODORE HOLDINGSLIMITED et al., Defendants.
02 Civ. 8273 (DC)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
2004 U.S. Dist. LEXIS 3122
February 26, 2004, Decided
March 1, 2004, Filed
Calderon was a passenger on a Commodore cruise ship when he was injured on August 30, 2000. (Calderon[*2] Aff., P 1). As the parties agree, his ticket contained a one-year limitation for bringing suit. Suit also had to be brought in the United States District Court for the Southern District of New York. (See Def. Rule 56.1 Statement, P 4; Pl. Rule 56.1 Statement). Hence, absent a stay or tolling, Calderon was required to file suit by August 30, 2001.
On December 27, 2000, Commodore filed for bankruptcy in the United States Bankruptcy Court for the Southern District of Florida. As a result, pursuant to 11 U.S.C. § 362, an automatic stay came into effect preventing Calderon from commencing suit against Commodore.
On March 15, 2002, a plan of reorganization was confirmed by the bankruptcy court. (Harwood Aff., Ex. H at Ex. 6). As discussed below, by operation of law, the automatic stay was lifted and Calderon had thirty days from receipt of notice of the termination of the automatic stay to file suit.
