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IN RE DUTHIE

BK 15-11761 CLB AP 17-01001 CLB.

581 B.R. 723 (2018)

IN RE Robert E. DUTHIE, Debtor. Mark A. Wallach, Chapter 7 Trustee of the Chapter 7 Bankruptcy Estate of Robert E. Duthie, Plaintiff v. Cadles of Grassy Meadows II, L.L.C.; Citizens Bank National Association f/k/a RBS Citizens National Association, as Successor by Merger with Charter One Bank, National Association f/k/a Charter One Bank, F.S.B., Defendant.

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

Signed January 31, 2018.

Attorney(s) appearing for the Case

Arthur G. Baumeister, Jr., Esq. , Baumeister Denz LLP, 174 Franklin St., Suite 2, Buffalo, NY 14202, Attorney for Plaintiff.

Stephen Vlock, Esq. , Vlock & Associates, P.C., 630 Third Avenue, 18th Floor, New York, NY 10017, Attorney for Defendant.

DECISION & ORDER

In this adversary proceeding, the Chapter 7 trustee seeks to avoid the undocketed renewal of a judgment. The central issue is whether a state court decision regarding the validity of the renewal judgment will bind a subsequently designated trustee.

Under New York law, a judgment becomes...

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