Legal Opinion
In Re Minton Group, Inc.
United States Bankruptcy Court, S.D. New York
Decided February 7, 1983No. 19-22279PublishedCited by 41 opinions
1Opinion of the Court
DECISION ON APPLICATION OF TRUSTEE TO AVOID POST-PETITION PERFECTION OF MORTGAGE.
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The trustee in this case wishes to be more hypothetical than Code § 544(a)(3) permits and seeks to avoid the post-petition perfection of a mortgage using his “strong arm” powers. Not only would he like to be deemed a bona fide purchaser without knowledge, but he hypothesizes blindness as well.
The trustee maintains that a hypothetical bona fide purchaser of real estate from the debtor at the time when the involuntary petition for relief under Chapter 11 of the Bankruptcy Code…
2Cases cited10 opinions
- Skeen v. Harms (In Re Harms)United States Bankruptcy Court, D. Colorado · 1981
- Rossmoore v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1935
- In re Imperial "400" National, Inc.Court of Appeals for the Third Circuit · 1970
- Doyle v. LazarroAppellate Division of the Supreme Court of the State of New York · 1970
- Doyle v. LazarroNew York Court of Appeals · 1974
5 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Maine National Bank v. Morse (In Re Morse)Bankruptcy Appellate Panel of the First Circuit · 1983
- Templeton v. O'Cheskey (In Re American Housing Foundation)Court of Appeals for the Fifth Circuit · 2015
- ML Media Partners, LP v. Century/ML Cable Venture (In Re Adelphia Communications Corp.)United States Bankruptcy Court, S.D. New York · 2002
- Turner v. Lee (In Re Minton Group, Inc.)District Court, S.D. New York · 1985
- In Re SafrenUnited States Bankruptcy Court, C.D. California · 1986
36 more not listed; retrieve them via the Exa API.