[CLBS] Dealing with a recorded judgment that hasn't attached to anything

[D Parker Law PLLC]

Creditor obtained a judgment prior to bankruptcy and recorded the judgment
per Idaho Code 11-1110, which provides that such judgments become liens on
"all real property of the judgment debtor in the county." No real property
was owned prior to the bankruptcy.

Debtors are now attempting to obtain financing to purchase property, but
the financier is refusing to lend them money because of this unresolved
recorded judgment.  Creditor has been disinclined to cooperate in any way
at resolving. My first instinct was to reopen the case to avoid the lien
under 522(f), but since it hasn't attached to anything there is no
exemption being impaired. I'm a bit at a loss about how to deal with this
lien -- any ideas or something obvious I'm missing here?


     Dara L. Parker
     dara at dparkerlaw.pl