Bank of Mississippi v. Knight (In Re Knight)

EDITH H. JONES, Circuit Judge:

The Bank of Mississippi appeals a judgment of the bankruptcy court, affirmed by the district court, which invalidated the judgment hen that the Bank sought to enforce against the debtor and two garnishees. The lower courts held that as the Bank’s original 1988 judgment against the debtor, Frederick D. Knight, was void for insufficient service of process, the Bank’s 1995 judgment on a suit to renew the 1988 judgment must also be void. We disagree with the bankruptcy and district courts’ interpretation of Mississippi law and accordingly reverse and remand.

The…