Laws of New York (Last Updated: November 21, 2014) |
RPP Real Property |
Article 9. RECORDING INSTRUMENTS AFFECTING REAL PROPERTY |
Section 297-A. Recording of certified copies of bankruptcy papers; constructive notice
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1. A copy of a petition in bankruptcy with the schedules omitted, of a decree of adjudication of bankruptcy and of an order approving the bond of a trustee in bankruptcy, or any of them, in each case certified in accordance with the laws of the United States applicable at the time of certification, may be recorded in the office of the recording officer of any county, irrespective of the location of the United States district court having jurisdiction of the bankruptcy proceeding or in which such petition was filed or order of adjudication or approval of the trustee's bond was made. 2. (a) Each paper, together with the certification thereof, recorded pursuant to this section shall, for the purposes of recording, transcription, reproduction and indexing, be regarded as a deed by the bankrupt or alleged bankrupt to the trustee in bankruptcy named therein or, if no trustee be named, to the trustee appointed, or thereafter to be appointed. (b) In counties where, under certain circumstances and pursuant to law, deeds or other instruments are recordable among miscellaneous instruments, or indexed in the index of such instruments, each of the papers shall be similarly recorded or indexed. In other counties or cases, it shall be recorded or indexed as a deed. (c) Where the paper so recorded does not reveal the name of the trustee in bankruptcy, the recording officer shall substitute, for the name of the grantee in the index or indices in his office where the name of the grantee in a deed is required to be entered, the words "Trustee in bankruptcy"; but any irregularity or failure of the recording officer in compliance with this paragraph shall not invalidate the record thereof. (d) The recording of the paper and the certification thereof shall have the same effect as constructive notice as if it were a conveyance to a named grantee, duly acknowledged or proved and recorded. (e) The petition, decree or order referred to in subdivision 1 of this section may be one either heretofore or hereafter filed or made pursuant to any law of the United States relating to bankruptcy.