N.Y. Real Property Law Section 297-A
Recording of certified copies of bankruptcy papers

  • constructive notice

1.

A copy of a petition in bankruptcy with the schedules omitted, of a decree of adjudication of bankruptcy and of an order approving the bond of a trustee in bankruptcy, or any of them, in each case certified in accordance with the laws of the United States applicable at the time of certification, may be recorded in the office of the recording officer of any county, irrespective of the location of the United States district court having jurisdiction of the bankruptcy proceeding or in which such petition was filed or order of adjudication or approval of the trustee’s bond was made.

2.

(a) Each paper, together with the certification thereof, recorded pursuant to this section shall, for the purposes of recording, transcription, reproduction and indexing, be regarded as a deed by the bankrupt or alleged bankrupt to the trustee in bankruptcy named therein or, if no trustee be named, to the trustee appointed, or thereafter to be appointed.

(b)

In counties where, under certain circumstances and pursuant to law, deeds or other instruments are recordable among miscellaneous instruments, or indexed in the index of such instruments, each of the papers shall be similarly recorded or indexed. In other counties or cases, it shall be recorded or indexed as a deed.

(c)

Where the paper so recorded does not reveal the name of the trustee in bankruptcy, the recording officer shall substitute, for the name of the grantee in the index or indices in his office where the name of the grantee in a deed is required to be entered, the words “Trustee in bankruptcy”; but any irregularity or failure of the recording officer in compliance with this paragraph shall not invalidate the record thereof.

(d)

The recording of the paper and the certification thereof shall have the same effect as constructive notice as if it were a conveyance to a named grantee, duly acknowledged or proved and recorded.

(e)

The petition, decree or order referred to in subdivision 1 of this section may be one either heretofore or hereafter filed or made pursuant to any law of the United States relating to bankruptcy.

Source: Section 297-A — Recording of certified copies of bankruptcy papers; constructive notice, https://www.­nysenate.­gov/legislation/laws/RPP/297-A (updated Sep. 22, 2014; accessed Jul. 13, 2024).

290
Definitions
291
Recording of conveyances
291‑A
Recording conveyances of land in towns in Chautauqua county
291‑B
Recording conveyances of land in towns in Cattaraugus county
291‑C
Recording memoranda of leases
291‑CC
Recording modifications of leases
291‑D
Recording of master forms of mortgage covenants and clauses
291‑E
Exceptions, reservations and recitals referring to unrecorded conveyances and contracts for sale of real property
291‑F
Rights where recorded mortgage restricts landlord’s action in respect to leases
291‑G
Recording insurance information
291‑H
Recording of liens by the state
291‑I
Validity of electronic recording
291‑J
Recording of declarations by the New York state energy research and development authority
292
By whom conveyance must be acknowledged or proved
292‑A
Conveyances by certain corporations executed and acknowledged by attorneys in fact entitled to recordation
293
Recording of conveyances heretofore acknowledged or proved
294
Recording executory contracts and powers of attorney
294‑A
Recording assignments of rent
294‑B
Recording brokers affidavit of entitlement to commission for completed brokerage services
295
Recording of letters patent
296
Recording copies of instruments which are in secretary of state’s office
297
Certified copies may be recorded
297‑A
Recording of certified copies of bankruptcy papers
297‑B
Recording of certified copies of judgments affecting real property
298
Acknowledgments and proofs within the state
299
Acknowledgments and proofs without the state, but within the United States or any territory, possession, or dependency thereof
299‑A
Acknowledgment to conform to law of New York or of place where taken
300
Acknowledgments and proofs by persons in or with the armed forces of the United States
301
Acknowledgments and proofs in foreign countries
301‑A
Acknowledgment to conform to law of New York or of foreign country
302
Acknowledgments and proofs by married women
303
Requisites of acknowledgments
304
Proof by subscribing witness
305
Compelling witnesses to testify
306
Certificate of acknowledgment or proof
307
When certificate to state time and place
308
When certificate must be under seal
309
Acknowledgment by corporation and form of certificate
309‑A
Uniform forms of certificates of acknowledgment or proof within this state
309‑B
Uniform forms of certificates of acknowledgement or proof without this state
310
Authentication of acknowledgments and proofs made within the state
311
Authentication of acknowledgments and proofs made without the state
312
Contents of certificate of authentication
313
Notary public
313‑A
Deputies
314
Recording of conveyances acknowledged or proved without the state, when parties and certifying officer are dead
314‑A
Proof when witnesses are dead
315
Recording books
316
Indexes
316‑A
Indexing and reindexing conveyances, mortgages and other instruments
316‑B
Inactive hazardous waste disposal site registry index
317
Order of recording
318
Certificate to be recorded
319
Time of recording
320
Certain deeds deemed mortgages
321
Recording discharge of mortgage
321‑A
Recording discharge of rent assignment
324
Effect of recording assignment of mortgage
325
Recording of conveyances made by treasurer of Connecticut
326
Revocation to be recorded
327
Penalty for using long forms of covenants
328
Certain acts not affected
329
Actions to have certain instruments canceled of record
329‑A
Lapse of oil and gas interest within Allegany state park
330
Officers guilty of malfeasance liable for damages
331
Laws and decrees of foreign countries appointing agents and attorneys and recording of the same
332
The record of certain conveyances validated
332‑A
Validation of the record, execution and proof or acknowledgment of certain other instruments
332‑B
The record of certain other conveyances validated
333
When conveyances of real property not to be recorded
333‑A
Same
333‑B
Recording of maps or plot plans
333‑C
Lands in agricultural districts
334
Maps to be filed
334‑A
Filing of subdivision maps in Nassau county
335
Filing of maps and abandonment of subdivisions in Suffolk county
335‑A
Easements of necessity
335‑B
Recording of solar energy easements
336
Effect of recording demands or requirements of noncitizen property custodian

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 297-A’s source at nysenate​.gov

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