Carman v. European American Bank & Trust Co.

Appellate Division of the Supreme Court of New York

Carman v. European American Bank & Trust Co.

140 A.D.2d 578, 528 N.Y.S.2d 643, 1988 N.Y. App. Div. LEXIS 5829

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 23, 1988

StatusPublished

This text of 140 A.D.2d 578 (Carman v. European American Bank & Trust Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carman v. European American Bank & Trust Co., 140 A.D.2d 578, 528 N.Y.S.2d 643, 1988 N.Y. App. Div. LEXIS 5829 (N.Y. Ct. App. 1988).

Pincite

Opinion

Contrary to the defendant’s contention, the judgment lien which it now seeks to enforce did not survive the plaintiff’s discharge in bankruptcy and therefore the plaintiff is entitled to have an unqualified discharge marked upon the docket of the judgment in the office of the County Clerk (see, Debtor and Creditor Law § 150).

In the bankruptcy proceeding the plaintiff’s entire equity interest in the property to which the lien attached was exempted pursuant to CPLR 5206, the "homestead exemption”. The defendant failed to object to the claimed exemption and thus the exemption was allowed by the bankruptcy court. Accordingly, the plaintiff’s subsequent discharge in bankruptcy extinguished the defendant’s judgment lien (see, 11 USC §§ 522, 524; Bankruptcy Rule 4003). Mangano, J. P., Thompson, Sullivan and Harwood, JJ., concur.

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Contrary to the defendant’s contention, the judgment lien which it now seeks to enforce did not survive the plaintiff’s discharge in bankruptcy and therefore the plaintiff is entitled to have an unqualified discharge marked upon the docket of the judgment in the office of the County Clerk (see, Debtor and Creditor Law § 150).

In the bankruptcy proceeding the plaintiff’s entire equity interest in the property to which the lien attached was exempted pursuant to CPLR 5206, the "homestead exemption”. The defendant failed to object to the claimed exemption and thus the exemption was allowed by the bankruptcy court. Accordingly, the plaintiff’s subsequent discharge in bankruptcy extinguished the defendant’s judgment lien (see, 11 USC §§ 522, 524; Bankruptcy Rule 4003). Mangano, J. P., Thompson, Sullivan and Harwood, JJ., concur.

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Bluebook (online)

140 A.D.2d 578, 528 N.Y.S.2d 643, 1988 N.Y. App. Div. LEXIS 5829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carman-v-european-american-bank-trust-co-nyappdiv-1988.

Opinion

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