I won a case against the debtor on a promissory note in the amount of 67,000 in May 2007. Debtor filed Bankruptcy in July 2007. Due to fraudulent statements in his App. Court denied debtor a discharge and the case was dismissed. Proceedings concluded in July 2009.
I incurred 22,000 in atty fees to be represented in the bankruptcy proceedings. I motioned the court in October 2009 for Atty fees from the debtor and prevailed. Some of the fees incurred were more than 2 years from the date I filed but I could not file earlier due to the automatic stay.
Debtor has now filed a motion under CCP 473d to have the October motion vacated. He argues I did not file my motion within the 2 year time frame and that the order made in July 2009 is void.My question is since there was an automatic stay until the bankruptcy proceedings concluded, I was told that that time does not count against my time to file. That the clock stops once the bankruptcy proceedings start and does not start again until the day the bankruptcy was dismissed. Can you advise what the law is on this and what section and code this falls under? Thank you for your assistance.