Kreis v. Shope (In Re Ressler)

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

On April 20, 1983, defendants filed a notice of lien lis pendens, Tenn.Code Ann. § 20-3-101 (1980), in the Register’s Office for Knox County, Tennessee. On June 8, 1984, defendants were awarded a judgment against the debtor in the amount of $52,-726.46. On December 11, 1984, defendants recorded the judgment in the Register’s Office. Bankruptcy ensued on February 28, 1985. The trustee seeks to avoid the “transfer” as a preference. 1 11 U.S.C.A. § 547(b) (West 1979 & Supp.1986). Further, the trustee asserts superior rights as a hypothetical judicial…