In re Back

(Bankr. E.D. Ky. Aug. 3, 2015)

The bankruptcy court overrules the debtor’s objection to the claim based on a 1996 state court judgment. The debtor argued the claim was time-barred by the Kentucky 15-year statute of limitations for actions to enforce judgments. The creditor had filed a judgment lien on September 8, 1998 and did not take any other action with respect to the judgment until filing a motion to intervene in a foreclosure action against the debtor on September 2, 2013. The state court had allowed the intervening complaint by order entered September 26, 2013. The bankruptcy court holds that the motion to intervene constituted “execution” on the judgment under KRS 413.090(1), and thus the limitations period was restarted before expiring on September 8, 2013. Opinion below.

2015-08-03 – in re back

Author: Matt Lindblom

Central Engineering & Construction Associates, Inc. v. Holcim (US), Inc. (In re Central Engineering & Construction Associates, Inc.)

(Bankr. S.D. Ind. Mar. 16, 2015)

The bankruptcy court grants summary judgment in favor of the debtor, holding the creditor does not have a security interest in personal property of the debtor. Prepetition, the creditor obtained a judgment against the debtor and filed a financing statement with the Indiana Secretary of State claiming the creditor had a security interest in the debtor’s personal property by virtue of the judgment. The bankruptcy court concludes that under Indiana law, in order to create a lien on personal property, a judgment creditor must issue and levy on execution. The judgment itself did not give rise to a lien. Opinion below.

2015-03-16 – in re central engineering

Author: Matt Lindblom