Bankruptcy: Judicial Lien-Enforceability

Where appellant argued that the bankruptcy court erred in granting a debtor’s motion to avoid its judicial lien, the cloud on title created by the appellant’s recording of its judgment fastened an existing but presently unenforceable line on the property, so the bankruptcy court properly granted the debtor’s motion to avoid the lien.

Judgment is affirmed.

CRP Holdings v. O’Sullivan (MLW No. 72682 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. Bankruptcy Appellate Panel, 8th Circuit. (Neil Steven Sader, Kansas City, Missouri, argued for appellant; Robert K.S. Abernathy appeared on the brief) (Norman E. Rouse, Joplin, argued for appellee).