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