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IN RE MORTON

No. 1434, Docket 88-5009.

866 F.2d 561 (1989)

In re Joan MORTON, Debtor. Joan MORTON, Plaintiff-Appellant, v. NATIONAL BANK OF NEW YORK CITY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 24, 1989.

Attorney(s) appearing for the Case

Julian Kaplan, Garden City, N.Y. (J. Stanley Shaw, Jeffrey M. Zalkin, Shaw, Licitra, Eisenberg, Esernio & Schwartz, Garden City, N.Y., of counsel), for plaintiff-appellant Joan Morton.

Richard L. Koral, Brooklyn, N.Y. (Rosenberg, Rosenberg & Koral, Brooklyn, N.Y., of counsel), for defendant-appellee Nat. Bank of New York City.

Before FEINBERG, Chief Judge, and CARDAMONE and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

This appeal presents a question we first answered over fifty years ago, but which, because of our subsequent holdings and congress's amendment of the bankruptcy code, requires further attention today: Does a judgment lien, normally valid under New York law for a period of ten years, remain enforceable after expiration of the ten-year period when during that period the property subject to the lien becomes part of a bankrupt estate protected...

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