Docket No. 84044-0 (from Court of Appeals Division I Case No. 61671-4)  Facts:  Following respondent Kenneth Treiger’s separation from his wife J’Amy Owens and pending the dissolution of their marriage, Owens purchased a home.  When Treiger and Owens both subsequently filed for bankruptcy, the Superior Court for King County entered a decree dissolving the marriage but staying distribution of community property until the conclusion of the bankruptcy proceedings.  After the bankruptcy court determined that the home that Owens purchased is community property, the superior court ordered the sale of the home and ruled that Treiger is entitled to half of the proceeds.  The superior court also issued supplemental documents awarding Treiger attorney’s fees and an additional share of the proceeds of the home, fining Owens for failing to sign an agreement listing the home for sale, and giving Treiger the authority to close the sale of the home   In the interim, the Retail Group, a business of which Owens is a part owner, had defaulted on a promissory note and borrowing agreement with petitioner Bank of America, which obtained a judgment against Owens.  Bank of America subsequently petitioned the Superior Court for King County for a declaratory judgment determining the priority of its interest in the proceeds of the sale of the home.  The superior court ruled that the earlier order awarding Treiger half of the proceeds of the sale of the home did not grant Treiger a lien or any other interest in the property and that Bank of America’s lien therefore has first priority. Continue reading →

Docket No. 81005-2 (from Pierce Case No. 96-2-11938-1)  Facts: A judgment against petitioner George Gervin was entered in a Texas court after Gervin failed to repay loans to respondent Transamerican Capital Corporation. Transamerican Capital Corporation subsequently registered the foreign judgment with the Superior Court for Pierce County Continue reading →