Elizabeth S. Stong

Judge Court Eastern District of New York

No Loopholes in Section 362(b)(21) Allowing Foreclosure Against an Ineligible Debtor

Even if a debtor is ineligible to file again under Section 109(g), another filing does create a stay, but it’s not applicable to enforcement of a lien against real property.

Brooklyn Decision Shows Why Litigation Finance Is Risky if the Plaintiff Files Bankruptcy

At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.