2012 Senate Bill 1092

Revise bankruptcy “judgment lien” rights

Introduced in the Senate

April 25, 2012

Introduced by Sen. Rick Jones (R-24)

To allow a creditor given a “judgment lien” on a property owned by a bankrupt debtor to foreclose on the property after it has been sold to a new owner (that is, to force the sale of the property by the new owner). Under current law, a “judgment creditor” is entitled to payment when the “judgment debtor” sells the property, but if the amount owed is not collected the creditor can’t force foreclosure on the new owner.

Referred to the Committee on Judiciary

May 9, 2012

Reported without amendment

With the recommendation that the bill pass.

June 6, 2012

Passed in the Senate 38 to 0 (details)

To allow a creditor given a “judgment lien” on a property owned by a bankrupt debtor to foreclose on the property after it has been sold to a new owner (that is, to force the sale of the property by the new owner) if the previous owner failed to pay the amount due. Under current law, a “judgment creditor” is entitled to payment when the “judgment debtor” sells the property, but if the amount owed is not collected the creditor can’t force foreclosure on the new owner.

Received in the House

June 7, 2012

Referred to the Committee on Judiciary

Dec. 12, 2012

Reported without amendment

With the recommendation that the amendment be adopted and that the bill then pass.

Dec. 13, 2012

Amendment offered

The amendment passed by voice vote