MATTER OF FIORILLO & CO.

Bankruptcy No. 82 B 20048, Adv. No. 82 6044.

19 B.R. 21 (1982)

In the Matter of FIORILLO & COMPANY, Debtor.

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

April 5, 1982.


Attorney(s) appearing for the Case

Reisch, Clarey & Kent, Mineola, N.Y., for Delia Const. Corp.

David Griffiths, Griffiths & O'Connell, White Plains, N.Y., for debtor.


HOWARD SCHWARTZBERG, Bankruptcy Judge.

This case illustrates the manner in which the relation-back principle for lien perfection under 11 U.S.C. § 546(b) operates as an exception to the automatic stay by reason of its incorporation by reference in 11 U.S.C. § 362(b)(3). Although this case was decided from the bench, a fuller explanation is required in order to apprise the parties of the precise inter-relationship...

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