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Bankruptcy : Judicial Lien – Enforceability – Real Property

Stephanie Maniscalco//September 27, 2017//

Bankruptcy : Judicial Lien – Enforceability – Real Property

Stephanie Maniscalco//September 27, 2017//

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Where a debtor sought to avoid a creditor’s judicial lien against real property, the debtor’s property was held as a tenancy by the entirety, so the property did not constitute real estate because it was not liable to be sold upon execution based on the judgment, and the appellate court finds that the creditor has an unenforceable lien on the property.

Judgment is affirmed.

CRP Holdings v. O’Sullivan (MLW No. 71062/Case No. 17-6012 – 9 pages) (U.S. Bankruptcy Appellate Panel, Schermer, J.) Appealed from U.S. Bankruptcy Court, Western District of Missouri.

Read the full text of this opinion. (PDF)

 

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