CRP Holdings v. O'Sullivan, No. 17-6012 (8th Cir. 2017)
Annotate this CaseThe Bankruptcy Appellate Panel affirmed the bankruptcy court's order holding that CRP holds a judicial lien against the real property of debtor and avoiding that lien under Bankruptcy Code 522(f)(1). The panel held that CRP's recording of its judgment fastened an existing, but presently unenforceable lien on the property. Furthermore, the fact that an unenforceable lien exists was buttressed by CRP's belief that upon the death of debtor's wife, it will have an enforceable lien that will survive the bankruptcy.
Court Description: Schermer, Author, with Nail and Sandberg, Bankruptcy Judges] Bankruptcy Appellate Panel. CRP holds an unenforceable judgment lien on debtor's real property. For the Eighth Circuit's prior opinion in the case, see CRP Holdings A-1, LLC v. O'Sullivan, 841 F.3d 786 (8th Cir. 2016). [ September 21, 2017
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