Andrews v. Adcock (In re Andrews)

ORDER ON DEBTOR’S MOTION TO AVOID LIEN

PAUL W. BONAPFEL, Bankruptcy Judge.

The legal question here is whether an unrecorded judgment gives rise under Georgia law to an in rem interest in a Chapter 7 debtor’s nonexempt real property that survives bankruptcy when the property is abandoned to the debtor under 11 U.S.C. § 554(c) because the Chapter 7 trustee does not administer it.

As the Court later explains in more detail, a judgment under Georgia law becomes effective as a lien on a judgment debtor’s property upon its entry. Although recordation of a judgment is essential to enforcement of a lien…