Conflict Between CPLR and Bankruptcy Code: A Dilemma for Lenders
Allison J. Schoenthal and Nicole E. Schiavo discuss the conflict between New York's legislation requiring mandatory settlement conferences in foreclosure actions and the Bankruptcy Code's prohibition against a creditor taking any act that can be construed as trying to collect a discharged debt from a debtor. Thus, if a foreclosure action is commenced against a […]