Date of Decision:
July 8, 2011
Whether a judgment docketed on August 11, 1989 and renewed on February 5, 1999 was still valid when Debtor filed his chapter 7 petition on April 24, 2009?
Yes. Pursuant to S.D.C.L. §§ 15-16-7 and 15-16-35, the lien arising from the judgment expired on February 5, 2009. However, pursuant to S.D.C.L. § 15-18-1, "[t]he party in whose favor judgment has been given . . . may, at any time within twenty years after the entry of judgment, proceed to enforce the same by writ of execution[.]" The judgment itself thus continued to be valid until August 11, 2009. The parties did not raise – and consequently the Court did not address – the possible impact of 11 U.S.C. § 108(c).