Affirmation in Opposition/Supporting Exhibits X DECISION AND ORDER Defendant moves by Order to Show Cause for an order: (a) canceling the July 11, 2024 foreclosure sale and staying any future foreclosure sales pending a motion by Plaintiff to extend its time to conduct a sale; (b) an order striking interest. Plaintiff opposed arguing Defendant has failed to provide this Court with any legally meritorious basis to stay the foreclosure sale or grant any other relief. The Order to Show Cause returnable on July 9, 2024 was adjourned for two weeks as a result of defendant’s bankruptcy filing on July 8, 2024. DECISION Defendant is not entitled to a bankruptcy stay. Evidence suggests that Defendant’s three bankruptcy filings, each one initiated in anticipation of a scheduled Foreclosure Sale, were brought simply to delay the sale of the subject property and may fairly be characterized as an abuse of the legal system (see generally, Astoria Fed. Sav. & Loan Association/Fidelity N.Y. FSB v. Lane, 64 AD3d 454, 883 NYS2d 473 [1st Dept 2009]. Defendant has filed for bankruptcy in this case five times since 2022, the last three times on July 13, 2023 (dismissed on December 18, 2023), February 16, 2024 (dismissed on April 26, 2024), and the latest on July 8, 2024. If a single case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, under section 707(b) [11 USCS 707(b)], the stay under subsection (a) shall not go into effect upon the filing of the later case, 11 USC §362 [c] [4] [A] [i]). Therefore, the Foreclosure Sale was not stayed by the filing of Defendant’s third bankruptcy petition (see Deutsche Bank Natl. Trust Co. v. Dixon, 93 AD3d 630, 939 NYS2d 705 [2d Dept 2012]). Defendant presents no evidence to stay any future foreclosure sales in this case. The evidence suggests that Defendant’s three bankruptcy filings, each one initiated to delay the sale of the subject property and may fairly be characterized as an abuse of the legal system. This Court shall not sanction Defendant at this time. However, Defendant is now on notice that any further attempt by him to delay the resolution of this foreclosure action will subject him to sanctions. ORDER Accordingly, it is hereby: ORDERED, that Defendant’s Order to Show Cause is denied; and it is ORDERED, that the mortgaged premises are to be sold under the direction of the referee within 60 days from the entry of this Order, and otherwise in accordance with the Judgment of Foreclosure and Sale. This constitutes the Decision and Order of the Court. Dated: July 23, 2024
