· 1/24/1989
In Re Joan Morton, Debtor. Joan Morton v. National Bank of New York City
Citations
- 866 F.2d 561
- 20 Collier Bankr. Cas. 2d 465
- 1989 U.S. App. LEXIS 739
- 19 Bankr. Ct. Dec. (CRR) 85
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that section 108(c) also extends time within which creditor may renew limitations period
- holding that § 362(a) does not bar a creditor from renewing a lien but that § 108(c) makes such renewal “unnecessary for continuation of the lien until after the automatic stay is lifted”
- holding same regarding 7 ten-year duration period to renew judgment liens in New York
- concluding automatic stay does not eliminate state-law requirement of extending a judgment lien
- tolling ensures that debtor cannot take “unfair advantage” simply by filing bankruptcy petition and allowing the limitations period to run
- finding that prepetition judgment lien did not attach to debtor's post-discharge wages
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Cardamone, Pratt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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