Legal Opinion
Stern v. Continental Assurance Co. (In Re Ryan)
United States Bankruptcy Court, D. Massachusetts
Decided February 27, 1987No. 18-14474PublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER
JAMES F. QUEENAN, Jr., Bankruptcy Judge.
This case presents novel questions concerning whether a trustee in bankruptcy is subject to inquiry notice in his alternative capacities as hypothetical judicial lien creditor, holder of an execution returned unsatisfied, and bona fide purchaser of real property. Also involved is the question of whether the recording of an improperly witnessed mortgage constitutes constructive notice of the mortgage under applicable state law.
Peter Stern, the trustee in bankruptcy (the “Trustee”) of Thomas Edward Ryan (the “Debtor”), brings this…
2Cases cited28 opinions
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
- McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
- Corn Exchange National Bank & Trust Co. v. KlauderSupreme Court of the United States · 1943
- Saghi v. Walsh (In Re Gurs)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- United States v. SpeersSupreme Court of the United States · 1966
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3Cited by4 opinions
- In Re Thomas Edward Ryan, Debtor. Peter M. Stern v. Continental Assurance CompanyCourt of Appeals for the First Circuit · 1988
- In Re RichardsonUnited States Bankruptcy Court, C.D. Illinois · 1987
- Brown Family Farms, Inc. v. Brown (In Re Brown Family Farms, Inc.)United States Bankruptcy Court, N.D. Ohio · 1987
- Stern v. Continental Assurance Co. (In Re Ryan)District Court, D. Massachusetts · 1987