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IN RE MINTON GROUP, INC.

Bankruptcy No. 82-B-20590, Adv. No. 82ADV6274.

27 B.R. 385 (1983)

In re MINTON GROUP, INC., Debtor.

United States Bankruptcy Court, S.D. New York.

February 7, 1983.

Attorney(s) appearing for the Case

Sidney Turner, White Plains, N.Y., for trustee.

Reich & Reich, White Plains, N.Y., for David M. Lee and Paul Barrett, defendants.

DECISION ON APPLICATION OF TRUSTEE TO AVOID POST-PETITION PERFECTION OF MORTGAGE.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The trustee in this case wishes to be more hypothetical than Code § 544(a)(3) permits and seeks to avoid the post-petition perfection of a mortgage using his "strong arm" powers. Not only would he like to be deemed a bona fide purchaser without knowledge, but he hypothesizes blindness as well.

The trustee maintains that a hypothetical...

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