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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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