Kellogg v. First Land Dev., LLC (In re Kellogg)

Elizabeth E. Brown, Bankruptcy Judge

THIS MATTER comes before the Court on the Motion for Partial Summary Judgment *541("Motion"), filed by Defendant First Land Development, LLC ("FLD"), and the response filed by Plaintiff Brooks L. Kellogg ("Debtor"). Central to this dispute is whether a lien creditor has the ability to create a new judgment lien once the underlying debt has been discharged in bankruptcy and the creditor's prepetition lien has expired under state law post-discharge. The Court being otherwise advised in the premises hereby FINDS and CONCLUDES:

I. BACKGROUND

Many of the basic facts…