IN RE SNAVELY

BAP No. WW-03-1605MASP. Bankruptcy No. 02-13205-SJS. Adversary No. 03-01025-SJS.

314 B.R. 808 (2004)

In re Bonnie G. SNAVELY, Debtor. Douglas E. Miller, Appellant, v. Bonnie G. Snavely, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 23, 2004.


Attorney(s) appearing for the Case

Michael J. Gearin, Preston, Gates & Ellis, Seattle, WA, for Douglas E. Miller.

Jerret E. Sale, Seattle, WA, for Bonnie G. Snavely.

Before: MARLAR, SMITH and PERRIS, Bankruptcy Judges.


OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

A judgment creditor appeals summary judgment disallowing his secured claim, due to his failure to create a judgment lien under Montana law. The Montana federal lien statute, MCA § 25-9-303, requires a federal judgment creditor to file a transcript of the judgment docket of the District Court with the Montana state district court clerk.1 Instead, this...

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