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New York · Through 2026-09-11

N.Y. Real Property Law § 297-a: Recording of certified copies of bankruptcy papers; constructive notice

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Where this section sits in the code
  1. Real Property Law
  2. Article 9. Recording Instruments Affecting Real Property

§ 297-a. Recording of certified copies of bankruptcy papers;

constructive notice. 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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