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

[D. Blair Clark]

You need to get a title company or lender that's a bit more knowledgeable.
If this is postpetition property, the lien does not attach to it
post-discharge.  This is Judge Myers' opinion on the point but there are
several others.  I usually give the person questioning it this case and it
seems to resolve it.  

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
1509 Tyrell Lane, Suite 180
Boise, ID 83706
Phone:  208-475-2050
Fax:  208-475-2055


-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of D Parker Law
PLLC
Sent: Wednesday, August 8, 2018 10:23 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] Dealing with a recorded judgment that hasn't attached to
anything

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
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