Cascade Energy & Metals Corp. v. Banks (In re Cascade Energy & Metals Corp.)
UNPUBLISHED
Defendants were awarded a monetary judgment and an equitable lien on debtor's California property by the Utah federal district court, which they recorded in California. Debtor appealed the district court judgment and provided a supersedeas bond that was acceptable to the Utah court. The bankruptcy court determined that a federal judgment could only be perfected and enforced in another state when it became final by appeal or by expiration of the time for appeal, and it then must be registered in the appropriate district court in the state in which its enforcement is sought. Under California law, recording of a document that does not qualify for recording does not provide constructive notice of its existence or its terms. As the lien was not properly perfected, the court concluded that it was subject to avoidance by the chapter 11 debtor-in-possession.