Legal Opinion
Education Resources Institute, Inc. v. Concannon
Appellate Division of the Supreme Court of the State of New York
Decided January 28, 2010PublishedCited by 2 opinions
1Opinion of the Court
*540On April 7, 2008, plaintiff filed a voluntary petition pursuant to chapter 11 of the Bankruptcy Code (11 USC). Thereafter, plaintiff commenced this action to recover amounts due pursuant to promissory note(s) (the notes) executed by defendant to guarantee educational loans. Defendant’s answer set forth affirmative defenses and two counterclaims.
As the automatic stay provision of section 362 (a) of the Bankruptcy Code only applies to proceedings “against” the debtor (see Koolik v Markowitz, 40 F3d 567 [2d Cir 1994]), the automatic stay does not preclude defendant from presenting a defense to…
2Cases cited5 opinions
- Vasile v. Dean Witter Reynolds Inc.District Court, E.D. New York · 1998
- Stanley Koolik, Plaintiff-Counter-Defendant-Appellant v. Stanley Markowitz, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 1994
- Gordon v. Whitmore (In Re Merrick)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- In re SternbergNew York Court of Appeals · 1992
- Drexel Burnham Lambert Inc. v. Terex Corp.Appellate Division of the Supreme Court of the State of New York · 1992
3Cited by2 opinions
- Abreu v. Jamaica Avenue Funding LLC (In re Abreu)United States Bankruptcy Court, E.D. New York · 2015
- W. Rogowski Farm, LLC v. County of OrangeAppellate Division of the Supreme Court of the State of New York · 2019