Waltrip v. Sawyers, No. 19-6016 (8th Cir. 2019)
Annotate this CaseThe bankruptcy appellate panel affirmed the bankruptcy court's grant of debtor's motion to avoid a judicial lien. The panel upheld the bankruptcy court's determination that the value of the real estate at issue was fixed on the date that the petition was filed and thus the pre-restoration value of the property was the appropriate value to use in the avoidance analysis. The panel rejected the creditor's claims of unjust enrichment and laches.
Court Description: Dow, Author, with Saladino, Chief Judge, and Nail, Bankruptcy Judge] Bankruptcy Appellate Panel. The bankruptcy court correctly determined the value of the real estate in question was fixed on that the petition was filed and that the pre-restoration value of the property was the appropriate value to use in determining whether to avoid the judicial lien on the property. [ December 18, 2019
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