On December 5, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Romspen Inv. LP v. Ebrahimzadeh, 2025 NY Slip Op. 34692(U), holding that a borrower’s bankruptcy does not bar an action against a guarantor, explaining:
Defendants argue that the Borrower is subject to a currently pending bankruptcy action, and thus this action is duplicative and should be dismissed or stayed under 11 USC § 362. However, this action is not automatically stayed because Borrower is not a party to this action and the Borrower’s property is not at issue.
Moreover, Bankruptcy Code § 524(e) provides that discharge of a debt of the debtor does not affect the liability of any other entity on, or the property of any other entity for, such debt. Thus, while a bankruptcy case may result in the discharge of the debtor’s obligations or impair the claim of a creditor, a non-debtor guarantor’s liability is not modified by the bankruptcy process, and the creditor retains its rights against the non-debtor guarantor outside of the bankruptcy. In this action, Plaintiff’s claim is based on the Guaranties, executed by Guarantors and no other entity, and seeks recovery from Guarantors alone—not Borrower.
(Internal quotations and citations omitted).