The Law Office of Kurt H King

January 6, 2016

Pre-Bankruptcy Judgments Are Not Liens Upon Post-Bankruptcy Real Property in Missouri

Filed under: Bankruptcy,Litigation,Uncategorized — kurthking @ 5:01 pm

Absent fraud, and provided the judgment creditor was properly listed and included in the debtor’s Chapter 7 bankruptcy that resulted in Order of discharge of debt, pre-bankruptcy judgments are not liens upon real property acquired after the bankruptcy.  Title companies should not attempt to require releases of pre-bankruptcy judgments in order to clear title to real property that debtor legitimately acquired after the bankruptcy discharge order.  Case law to that effect includes:  Meyer v. Ragar, 935 S.W.2d 97 (Mo. Ct. App. W.D. 1996); Pruellage v. The De Seaton Corp., 407 S.W.2d 36 (Mo. Ct. App. E.D. 1966); Local Loan Co. v. Hunt, 292 U.S. 234 (1934).

Law Office of Kurt H. King

20 E. Franklin, Liberty, Clay County, Missouri 64068; 816.781.6000

Personal Injury, Missouri Workers’ Compensation, Civil Litigation, Family Law, and General Legal Matters

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