Hello again, and thank you for opening a new Q&A session.
1. Bankr. Code Section 108(c) suspends the application of a statute of limitations during bankruptcy until 30 days after the automatic stay terminates or is lifted by the court. In re Cowen, 207 B.R. 207, 210 (Bankr. E.D. Cal. 1997).
2. For a Chapter 13 bankruptcy, the automatic stay terminates when the bankruptcy plan is confirmed by the court...unless the plan or plan confirmation order provides otherwise. In re Petruccelli, 113 B.R. 5, 14-15 (Bankr. S.D. Cal. 1990).
3. In your circumstances the question is whether or not the bankruptcy plan and confirmation order modified the automatic stay with respect to the promissory note and deed of trust upon which you seek to foreclose by judicial action.
(a) If "no," then the statute of limitations has continued to run, and has now expired, which means you cannot file an action to foreclose the deed of trust.
(b) If "yes," then you would have 30 days after the date that the automatic stay terminates to file your foreclosure action.
4. The collateral issue here is why you need to utilize judicial action to foreclose, since a nonjudicial foreclosure remains possible, if the debtor has failed to pay in accordance with the requirements of the original note? You would simply have to wait until the bankruptcy plan is completed in full, if the promissory note is provided for under the bankruptcy plan -- or move to set aside the plan on grounds that the debtor has failed to comply with the terms of the note.
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