Rouse v. Sunset Cove Condo., No. 16-6004 (8th Cir. 2016)
Annotate this CaseThe Chapter 7 trustee appeals from the bankruptcy court’s judgment and order in favor of Sunset Cove on issues of turnover and preference. The bankruptcy appellate panel (BAP) concluded that the posting of the execution application and order on the boat slip at issue was sufficient as a notice of levy and created a valid lien on the boat slip under Missouri law. The sheriff’s failure to give required notice to the debtor did not invalidate the levy or the lien. In this case, the trustee did not present to the bankruptcy court any evidence of prejudice to the debtor or the estate as a result of the lack of notice. Accordingly, the BAP affirmed the bankruptcy court's judgment.
Court Description: Saladino, Author, with Kressel and Nail, Bankruptcy Judges] Bankruptcy Appellate Panel. The posting of the execution application and order on debtor's boat slip was sufficient as a notice of levy and created a valid lien on the boat slip under Missouri law; the sheriff's failure to give the required notice to the debtor did not invalidate the levy or the lien. [ August 03, 2016
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