Legal Opinion

In Re Martinez

United States Bankruptcy Court, E.D. New York

Decided August 18, 2008No. 1-19-40696PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

DOROTHY EISENBERG, Bankruptcy Judge.

Before this Court is the Chapter 7 Trustee’s objection to the Debtor’s claim for a homestead exemption pursuant to N.Y. C.P.L.R. § 5206 with respect to the Debt- or’s residence (the “Property”) on the basis that the Debtor lacks legal title to the Property in the form of a deed. At issue is whether the Debtor had as of the date of this bankruptcy filing an ownership interest in the Property for purposes of N.Y. C.P.L.R. § 5206 despite the absence of a recorded deed.

This Court has jurisdiction of this matter pursuant to 28 U.S.C.…

2Cases cited10 opinions

  1. Kraker v. RollAppellate Division of the Supreme Court of the State of New York · 1984
  2. In Re De KleinmanUnited States Bankruptcy Court, S.D. New York · 1994
  3. Kingsland v. . MurrayNew York Court of Appeals · 1892
  4. In re the Estate of WilliamsNew York Surrogate's Court · 1937
  5. In re the Estate of FryNew York Surrogate's Court · 1961

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Capital One Equip. Fin. Corp. v. Singh (In re Singh)United States Bankruptcy Court, E.D. New York · 2018
  2. In re WardUnited States Bankruptcy Court, E.D. New York · 2018
  3. In re BellafioreUnited States Bankruptcy Court, E.D. New York · 2013
  4. In Re RasmussenDistrict Court, E.D. New York · 2011
  5. In Re CutignolaUnited States Bankruptcy Court, S.D. New York · 2011

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