In re Rothwell

1 Citing case

  1. In re McFadden

    Case No. 05-43981, Adversary No. 05-7143 (Bankr. D. Kan. Oct. 20, 2006)   Cited 1 times

    This holding also serves to preserve the Morris County court's intent to justly and reasonably divide the marital property.See In re Hartman, No. 04-42526 (Bankr. D. Kan. February 3, 2005) and In re Rothwell, 04-41153 (Bankr. D. Kan. February 3, 2005) (where this judge held in both cases that the debtor could not avoid the judicial lien created by the Journal Entry dividing the parties' property by filing bankruptcy). Accordingly, although Jowanna McFadden cannot garnish Debtor's wages or bank account, or take other similar action to collect the $11,600 debt owed her, because Debtor has been discharged of his in personam liability to pay the debt to her and her attorney, nothing would prevent Jowanna from filing a lien foreclosure petition in state court to enforce her in rem rights in the real property in which she previously had some ownership interest prior to the entry of the September 9, 2005 Journal Entry, by operation of state law or otherwise.