Legal Opinion
In Re Joan Morton, Debtor. Joan Morton v. National Bank of New York City
Court of Appeals for the Second Circuit
Decided January 24, 1989No. 1434, Docket 88-5009PublishedCited by 111 opinions
1Opinion of the Court
GEORGE C. PRATT, Circuit Judge:
This appeal presents a question we first answered over fifty years ago, but which, because of our subsequent holdings and congress’s amendment of the bankruptcy code, requires further attention today: Does a judgment lien, normally valid under New York law for a period of ten years, remain enforceable after expiration of the ten-year period when during that period the property subject to the lien becomes part of a bankrupt estate protected by the automatic stay imposed by 11 U.S.C. § 362(a)?
The bankruptcy and district courts, although adopting different…
2Cases cited25 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Isaacs v. Hobbs Tie & Timber Co.Supreme Court of the United States · 1931
- Stellwagen v. ClumSupreme Court of the United States · 1918
20 more not listed; retrieve them via the Exa API.
3Cited by111 opinions
- St. Paul Fire and Marine Insurance Company v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1989
- Emil Aslanidis v. United States Lines, Inc., United States Lines (s.a.), Inc., United States Lines, Inc., Reorganization Trust, United States Lines (s.a.), Inc., Reorganization Trust, Emil Aslanidis v. Brandeis Intsel & Co., Inc., Brandeis Division of Pechiney World Trade Usa, Inc., John Doe I, John Doe Ii, John Doe Iii, Samancor, Ltd., South African Container Depots, Ltd. And Rennies Freight Services, Ltd., Brandeis Intsel & Co., Inc. And Brandeis Division of Pechiney World Trade Usa, Inc., Third-Party-Plaintiffs v. Samancor, Ltd., South African Container Depots, Ltd. And Rennies Freight Services, Ltd., Third-Party-DefendantsCourt of Appeals for the Second Circuit · 1993
- Aslanidis v. United States Lines, Inc.Court of Appeals for the Second Circuit · 1993
- Brashear v. Victoria Gardens of McKinney, L.L.C., Texas Court of Appeals, 5th District (Dallas)2009
- Lincoln Savings Bank, FSB v. Suffolk County Treasurer (In re Parr Meadows Racing Ass'n)Court of Appeals for the Second Circuit · 1989
106 more not listed; retrieve them via the Exa API.