Legal Opinion
Lincoln First Bank, N.A. v. Bank of New York (In re Levine)
District Court, S.D. New York
Decided September 30, 1982No. Bankruptcy No. 81 B 20459; 82 Adv. 6085PublishedCited by 2 opinions
1Opinion of the Court
DECISION ON COMPLAINT TO DETERMINE THE EXTENT AND VALIDITY OF LIENS
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The plaintiff Lincoln First Bank, N.A., commenced an adversary proceeding pursuant to R701 of the Rules of Bankruptcy Procedure to determine tile validity, priority and extent of several liens entered against the debtor’s property. Lincoln First challenges as unenforceable a subordinate mortgage taken by the debtor’s brother-in-law and his wife (the Mykoffs) on the residence owned by the debtor and her husband (the Levines) and thereafter assigned to Bankers Trust Co. By undermining the…
2Cases cited25 opinions
- Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
- Bush v. . LathropNew York Court of Appeals · 1860
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- Enoch v. BrandonNew York Court of Appeals · 1928
- Schafer v. . ReillyNew York Court of Appeals · 1872
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3Cited by2 opinions
- In Re LevineUnited States Bankruptcy Court, S.D. New York · 1982
- Ruby Evans by and through her Successor in Interest v. Windsor Vallejo Care Center, LLCUnited States Bankruptcy Court, E.D. California · 2025