THE EDUCATION RESOURCES INSTITUTE, INC. v. CONCANNON

2069, 108057/08,

69 A.D.3d 539 (2010)

896 N.Y.S.2d 306

2010 NY Slip Op 583

THE EDUCATION RESOURCES INSTITUTE, INC., Respondent, v. TIMOTHY CONCANNON, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 28, 2010.


On 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...

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