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Oregon Statutory Time Limitations Handbook: The Red Book

Page 160

STATUTORY LIENS / §74.2

the act expires after 60 days from the date of the order for relief, the date of expiration of the time otherwise allowed for performing the action applies. 11 USC §108(b). C.

Bankruptcy/Creditor’s Action. The statute of limitations for creditors is extended by 11 USC §108(c). •

The creditor is given an additional 30 days after notice of termination or expiration of the automatic stay if the statute of limitations runs while the stay is in effect. An event that could result in the termination or expiration of the stay could include relief from the automatic stay under 11 USC §362 or §1302, dismissal of the petition, or the date the debt on which the creditor bases its claim is excepted from discharge. 11 USC §108(c).

The creditor must bring its action against the debtor within the later of the 30-day extension or expiration of the statute of limitations period on the creditor’s claim. 11 USC §108(c).

11 USC §108(c) applies to chapters 7, 11, 12, and 13 bankruptcies.

The period for giving notice of a claim of lien for a statutory lien against the debtor is not suspended or extended by the debtor’s filing of a bankruptcy petition. 11 USC §546(b). STATUTORY LIENS

I.

II.

(§74.1) A.

A lien attaches to the agricultural produce, inventory, proceeds, or accounts receivable on the date the agricultural producer delivers or transfers physical possession of the produce to the purchaser or the purchaser’s agent. ORS 87.705(1).

B.

The lien continues for 45 days after final payment is originally due, ORS 87.710, and it is not necessary to file a notice of that lien. ORS 87.705(2). The lien can be extended for 225 days after payment is originally due if the producer files a notice of lien with the Secretary of State before the 45-day period expires. ORS 87.710.

C.

The lien expires unless suit to foreclose is brought within 45 days after the date final payment is originally due or, if the producer extends the lien by filing a notice of lien under ORS 87.710, within 225 days after the date final payment is originally due. ORS 87.730.

(§74.2) A.

150

Agricultural Lien

Employee Benefit Plan

An employer who must contribute to a fund for an employee benefit plan must pay the required amounts at the stipulated time or each employee


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