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IN RE RYAN

Bankruptcy No. 4-82-835G, Adv. No. 4-83-305.

70 B.R. 509 (1987)

In re Thomas Edward RYAN, Debtor. Peter M. STERN, Trustee, Plaintiff, v. CONTINENTAL ASSURANCE COMPANY, Defendant.

United States Bankruptcy Court, D. Massachusetts.

February 27, 1987.

Attorney(s) appearing for the Case

Peter Stern, trustee, pro se.

Bradford R. Martin, Jr., Ryan & White, Springfield, Mass., for CNA Ins.

OPINION AND ORDER

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

This case presents novel questions concerning whether a trustee in bankruptcy is subject to inquiry notice in his alternative capacities as hypothetical judicial lien creditor, holder of an execution returned unsatisfied, and bona fide purchaser of real property. Also involved is the question of whether the recording of an improperly witnessed mortgage constitutes constructive notice of the...

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