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173226P.pdf 02/01/2019 CRP Holdings, A-1, LLC v. Casey O'Sullivan
U.S. Court of Appeals Case No: 17-3226
Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit
[PUBLISHED] [Smith, Author, with Melloy and Stras, Circuit Judges]
Civil case - Bankruptcy. The BAP did not err in determining, like the
bankruptcy court, that CRP did not have a lien under Missouri law because
debtor's property was owned jointly with his spouse as tenants by the
entirety; the cloud on title created by CRP's recording of its judgment
fastened an existing, but presently unenforceable lien on the property,
and the application of Code section 522(f) will clear the cloud on title
to the property; as a result, the bankruptcy court properly granted
debtor's motion to avoid the lien.