Title 44, Chapter 14, Section 591
( 44-14-591)
Unless a certified copy of the petition, with schedules omitted,
decree, or order has been recorded in any county wherein the
bankrupt owns or has an interest in real property, the commencement
of a proceeding under the Bankruptcy Reform Act of 1978, P.L.
95-598, codified at 11 U.S.C. 101 et seq. shall not be constructive
notice to nor shall it affect the title of any subsequent bona fide
purchaser or lienor of real property in the county for a present
fair equivalent value without actual notice of the pendency of the
proceeding; provided, however, that where the purchaser or lienor
has given less than fair equivalent value, he shall nevertheless
have a lien upon the property but only to the extent of the
consideration actually given by him. The exercise by any court of
the United States or of this state of jurisdiction to authorize or
effect a judicial sale of real property of the bankrupt within any
county in this state shall not be impaired by the pendency of the
proceeding unless the copy is recorded in the county, as provided in
this Code section, prior to the consummation of the judicial sale. |