Minelli v. Harrah’s Resort

In this personal injury action, Plaintiff’s filed suit after the two-year statute of limitations, but sought protection under Section 108(c)(2) of the Bankruptcy Code. The trial court dismissed the case, but the Appellate Division reversed, distinguishing this case from Nativo v. Grand Union Co, 315 N.J. Super. 185 (App. Div. 1998). The Appellate Division held that, here, the statute of limitations expired while the bankruptcy stay was in place. Given the various iterations of Harrah’s and its parent company, Caesar’s, which filed for bankruptcy, the Appellate Division remanded to determine whether plaintiffs sought stay relief against he appropriate parties.