You are here

Opinion 163

Case Name: 

In re McNeeley, 51 B.R. 816 (Bankr.D.Utah)

Judge: 
Judge Clark
Date: 
Jul-19-1985
Case Number(s): 
83C-2990
Status: 

PUBLISHED

Body: 

Creditor obtained pre-judgment writs of attachment against debtor's property prior to the filing of debtor's chapter 7 petition. On the day the petition was filed, creditor obtained a state court judgment that exceeded the value of the property subject to the writs. Creditor moved for relief from stay, which was opposed by both debtor and trustee. The court ruled that a judicial lien was superior to the interest of a bankruptcy trustee and, upon entry of judgment, became perfected as of the time of its initial filing. Therefore, the court granted creditor relief from stay, as well as a lien on the proceeds of property sold by trustee, subject to the claims of superior lien holders.

Internal Ref: 
Opinion 163
File: