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DART & BOGUE CO. v. SLOSBERG

(12942)

202 Conn. 566 (1987)

DART AND BOGUE COMPANY, INC. v. MILTON O. SLOSBERG

Supreme Court of Connecticut.

Decision released March 24, 1987.

Attorney(s) appearing for the Case

Cheever Tyler, with whom was Penelope I. Bellamy, for the appellant (plaintiff).

David S. Pickett, for the appellant (Official Unsecured Creditors Committee of Dart & Bogue Company, Inc.).

Joseph B. Collins, pro hac vice, with whom were Patricia H. Modzelewski and, on the brief, Joseph H. Reinhardt, for the appellee (defendant).

Theodore M. Space, Ira H. Goldman, Coleman H. Casey and David L. Huntoon filed a brief for the Connecticut Attorneys Title Insurance Company as amicus curiae.

PETERS, C. J., HEALEY, SHEA, CALLAHAN and F. HENNESSY, Js.

PETERS, C. J.

The sole issue in this case, on certification from the United States District Court, is whether certain mortgages, which fail to state the maximum term of the obligation they secure, are invalid against subsequent lien creditors under Connecticut law. The plaintiff, Dart & Bogue Company, Inc., is a debtor-inpossession under chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. Exercising the powers of a

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