Legal Opinion

Lincoln First Bank, N.A. v. Bank of New York (In re Levine)

District Court, S.D. New York

Decided November 23, 1982No. Bankruptcy No. 81 B 20459; Adv. No. 82 Adv. 6085PublishedCited by 1 opinion

1Opinion of the Court

DECISION ON ASSIGNEE’S MOTION TO REARGUE DECISION DECLARING MORTGAGE NON-NEGOTIABLE

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Negotiable or non-negotiable, that is the question now raised by Bankers Trust Company in its motion to reargue this court’s earlier ruling, dated September 30,1982, 23 B.R. 410, that the debtor’s mortgage bond was not negotiable. Lincoln First Bank, N.A., as plaintiff and the holder of a judgment lien against the debtor, commenced an adversary proceeding in this Chapter 13 case, contesting the validity and priority of various liens which allegedly encumbered the debtor’s…

2Cases cited11 opinions

  1. Booker v. EverhartSupreme Court of North Carolina · 1978
  2. Enoch v. BrandonNew York Court of Appeals · 1928
  3. King Cattle Co. v. JosephSupreme Court of Minnesota · 1924
  4. Brainerd v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1862
  5. Merchants National Bank v. Detroit Trust Co.Michigan Supreme Court · 1932

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3Cited by1 opinion

  1. In Re LevineUnited States Bankruptcy Court, S.D. New York · 1982

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