Miller v. Snavely (In Re Snavely)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MARLAR, Bankruptcy Judge.
INTRODUCTION
A judgment creditor appeals summary judgment disallowing his secured claim, due to his failure to create a judgment hen under Montana law. The Montana federal lien statute, MCA § 25-9-303, requires a federal judgment creditor to file a transcript of the judgment docket of the District Court with the Montana state district court clerk. 1 Instead, this creditor recorded a certified copy of the judgment with the county clerk. We hold that recordation pursuant to the Montana constructive notice statutes did not create a lien, and AFFIRM.
FACTS
On January…
2Cases cited20 opinions
- In Re: Charles Michael Harmon, Debtor. Charles Michael Harmon v. Donald KobrinCourt of Appeals for the Ninth Circuit · 2001
- Younie v. Gonya (In Re Younie)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Belli v. Temkin (In Re Belli)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- Sherner v. Conoco, Inc.Montana Supreme Court · 2000
- In Re Harold Samuel Wrobel, Esq., Admitted to the Bar of the Ninth Circuit: December 20, 1985Court of Appeals for the Ninth Circuit · 1998
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