Kamco Supply Corp. v. Letourneau, No. 28 99 58 (Aug. 28, 1990)
Opinion of the Court
Examination of the file indicated that no court has ever found probable cause as to an attachment of the defendant's real property, and the sheriff's return recites only that the attachment was made by the direction of the plaintiff's attorney. The plaintiff takes the position that it has an attachment without resort to any application to the court because the defendant signed an agreement that he "waives notice of hearing of pre judgment hearing." [sic].
While the plaintiff cites case law to the effect that bankruptcy discharge does not prevent enforcement of valid liens, the validity of the lien on which the plaintiff herein relies is far from clear, since
For these reasons, the court does not find that this claim is insulated from the automatic bankruptcy stay or other provisions of the bankruptcy law.
The case is stricken from the hearing in damages list.
BEVERLY J. HODGSON, Judge
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