Legal Opinion
Horwitz v. Rote (In re Moorhouse)
United States Bankruptcy Court, W.D. New York
Decided February 28, 2013No. Bankruptcy No. 11-14319 K; Adversary No. 12-1018 KPublishedCited by 4 opinions
1Opinion of the Court
OPINION, DECISION AND ORDER
MICHAEL J. KAPLAN, Bankruptcy Judge.
The two questions before the Court are these: What, if anything, can a Chapter 7 trustee attack under 11 U.S.C. § 547 if a mortgage was fully and properly executed outside the preference period, but recorded two years later, within the preference period? And if such trustee prevails, then what has the Chapter 7 estate gained?
These questions are so frequently presented in bankruptcy cases1 that the answers are thought to “go without saying.”2 In this case, the Defendants are not lawyers and so they understandably ask the Court to…
2Cases cited7 opinions
- Sawyer v. TurpinSupreme Court of the United States · 1875
- Heritage Art Galleries, Ltd. v. RaiaAppellate Division of the Supreme Court of the State of New York · 1991
- Reisdorf Bros. v. Clinton Corn Processing Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Wallach v. Frink America, Inc. (In Re Nuttall Equipment)United States Bankruptcy Court, W.D. New York · 1995
- Hogan v. WeeksAppellate Division of the Supreme Court of the State of New York · 1991
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ring v. First Niagara Bank, N.A. (In re Sterling United, Inc.)United States Bankruptcy Court, W.D. New York · 2014
- Gemini Trust Company, LLC v. Genesis Global Capital, LLCUnited States Bankruptcy Court, S.D. New York · 2024
- In Re: George Washington Bridge Bus Station Development Venture LLCDistrict Court, S.D. New York · 2021
- Ring, III v. ELN Professional Employers GroupUnited States Bankruptcy Court, W.D. New York · 2020