Legal Opinion

In Re Mark Scarpino, Debtor. Marine Midland Bank v. Mark Scarpino, Debtor-Appellee

Court of Appeals for the Second Circuit

Decided May 13, 1997No. 1257, Docket 96-5115PublishedCited by 30 opinions

1Opinion of the Court

KEARSE, Circuit Judge:

This appeal turns on whether New York law, under which an unsatisfied money judgment automatically becomes a hen on real property thereafter acquired by the judgment debtor in the county in which the judgment has been docketed, see, e.g., Hulbert v. Hulbert, 216 N.Y. 430, 111 N.E. 70 (1916) (“Hulbert”); N.Y.C.P.L.R. 5203 Practice Commentaries, leaves a temporal interval between the acquisition of the property and the attachment of the lien. Marine Midland Bank (“Marine Midland” or the “Bank”) appeals from a judgment of the United States District Court for the Western…

2Cases cited5 opinions

  1. Johnson v. Home State BankSupreme Court of the United States · 1991
  2. Farrey v. SanderfootSupreme Court of the United States · 1991
  3. Hulbert v. . HulbertNew York Court of Appeals · 1916
  4. In re Hazard's EstateNew York Supreme Court · 1893
  5. In Re LuftmanDistrict Court, S.D. New York · 1965

3Cited by30 opinions

  1. Taub v. Taub (In Re Taub)United States Bankruptcy Court, E.D. New York · 2010
  2. In Re FranklinUnited States Bankruptcy Court, N.D. Illinois · 1997
  3. In Re VanZantUnited States Bankruptcy Court, S.D. Illinois · 1997
  4. Weeks v. Pederson (In Re Pederson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  5. In Re CohenUnited States Bankruptcy Court, D. New Jersey · 2001

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