In re Blankenship

(Bankr. W.D. Ky. Mar. 14, 2018)

The bankruptcy court denies the debtor’s motions to avoid two judicial liens. The underlying judgments were solely against the debtor’s spouse. At the time the judgment liens were recorded, the property was owned jointly by the debtor and his spouse. The property was then transferred solely to the debtor. The debtor argues the liens impair his exemptions. The court finds because the lien holders are not creditors of the debtor, the liens do not attach to the debtor’s interest in the property. Opinion below.

Judge: Lloyd

Attorney for Debtor: Julie Ann O’Bryan

Attorney for Creditors: Jeffrey Sexton

2018-03-14 – in re blankenship

Author: Matt Lindblom

Lynn v. Pry

(S.D. Ind. Feb. 3, 2016)

The district court affirms the judgment of the bankruptcy court, avoiding the post-petition transfer of real property. The debtor’s father had transferred real estate to the debtor’s entity prior to the bankruptcy to avoid attachment by creditors. Post-petition, the debtor’s father recorded a deed transferring title back to himself. The father claimed that it was never his or the debtor’s intent for the debtor to have title to the property. The fact that title was transferred to avoid the father’s creditors was sufficient evidence of intent to transfer title, and thus the post-petition transfer from the estate was improper. Opinion below.

2016-02-03 – lynn v pry

Author: Matt Lindblom