Debtor-Creditor
A SAMPLING OF “DEBTOR-CREDITOR” ISSUES ADDRESSED IN THE NEW YORK APPELLATE DIGEST SEARCHABLE DATABASE
DEBTOR-CREDITOR issues in this database are pervasive. A small, incomplete sample includes:
Voluntary Payment Doctrine;
Opportunity to Cure Default:
Goods Sold and Delivered (CPLR 3016, etc.);
Installment Land Sale Contract;
Admissible Proof of Default;
Promissory Notes;
Summary Judgment in Lieu of Complaint (CPLR 3213, etc.);
Foreclosure (acceleration of debt, etc.);
Assignment of Debt;
Crime Victim Judgments (Executive Law, etc.);
De Facto Merger (corporation law, assets to satisfy debts of another, etc.);
Medicaid (prohibited loans, notes and mortgages, etc.);
Mortgages (foreclosure, etc.);
Guarantee (no consideration, etc.);
Fraudulent conveyances;
Usury;
Ratification (notes and mortgages, etc.);
Fraudulent redemptions (corporation law, etc.);
Foreign judgments (jurisdiction to enforce, etc.);
Property executions (jurisdiction, etc.);
Public policy (loan unenforceable, etc.);
Statute of Frauds (loan unenforceable, etc.);
Renewal judgments;
Attachment;
Business Records Exception to Hearsay Rule (foreclosure, loan default, etc.);
Payable on Demand (statute of limitations, etc.);
Instruments for the Payment of Money Only (civil procedure, etc.);
Mortgages;
Standing (mortgages, foreclosure, etc.);
Satisfaction of Mortgage;
Champerty;
Judgment Creditors (limited liability company members, etc.);
Account Stated;
Medicaid reimbursement;
Bankruptcy (renew statute of limitations, etc.);
Pierce corporate veil;
Marital property;
Separate property;
Partnership Law (payments made to limited partner, etc);
Asset purchase agreements;
Entry of judgments;
Banking Law (restraining notices, etc.);
Security (preservation of collateral, etc.);
Preservation of collateral;
Uniform Commercial Code (UCC);
Debt collectors (attorneys, etc.);
Guardianship;
Public Authorities Law (interest paid by NYC Transit Authority, etc.);
Deficiency judgment (foreclosure, etc.);
Consolidation of debts;
Criminal Usury;
General Obligations Law (usury, etc.).