NO.96-342 XN THE SUPREMECOURT OF THE STATE OF MONTANA 1997
BRIAN MOTOR COMPANY, Plaintiff and Appellant,
v. GERALD TURK. and JUDY 

### TURK,

' 

### - k** F" ~4-r' )dkk& Defendants and Respondents. tar,^&!,: 37-+:LJ~REI~~ cauir.l s*~*fiVt OF I\IIIOWT4&4
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable Douglas G. Harkin, Judge presiding.
COUNSEL OF RECORD: For Appellant: Regan Whitworth; Balyeat Law Offices, Missoula, Montana For Respondents: Hugh G. Kidder, Attorney at Law, Missoula, Montana

Submitted on Briefs: July 23, 1997 Decided: August 12, 1997 Filed:Justice Karla M. Gray delivered the Opinion ofthe Court.
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1995 Internal Operating Rules, the following decision shallnot be cited as precedent and shall be published by its filing as apublic document with the Clerk of the Supreme Court and by a report of its result to State Reporter Publishing Company and West Publishing Company. Brian Motor Company (Brian) appeals from the order of the Fourth Judicial District Court, Missoula County, concluding that a renewal ofjudgment is void ab initio. We
reverse. In 1986, Brian obtained a default judgment against Gerald Turk (Turk) on its complaint alleging an unpaid debt. It subsequently obtained an execution writ which authorized the Missoula County Sheriff to satisfy the judgment out of Turk's personal property or, if sufficientpersonal property could not be found, out ofhis real property in that county. Thejudgment was not satisfied. In 1992, Brian petitioned to renew the 1986 judgment and the District Court renewed the judgment. Turk subsequently filed a Chapter 

### 7 bankruptcy petition; Brian was listed as a judgment creditor holding a secured claim against Turk. On September 8, 1993, the Bankruptcy Court entered its order releasing Turk from all dischargeable debts and further ordering that any existing or future judgment regarding debts dischargeable under 1 1U.S.C. 

## 5 523 "is null and void as a determination ofthe personal liability of the debtor.


### . . ."In 1996, Turk filed a motion in the District Court to vacate and cancel Brian's renewed judgment on the basis that he had been released from his dischargeable debts, including the debt owed to Brian, by the Bankruptcy Court. Brian responded, contending that the discharge avoided only Turk's personal liability on the debt reduced tojudgment. The District Court granted Turk's motion to vacate and cancel Brian's judgment, concluding that
a discharge inbankruptcy voids all judgments pertaining to discharged debts and, as a result, that the 1992 renewal ofjudgmentwas void 

### ab initio. We review a districtcourt's conclusion of law to determination whether the interpretation ofthe law is correct. Carbon County v. Union Reserve Coal Co., Inc. (1995), 271 Mont. 459, 469, 898 P.2d 680, 686 (citation omitted). As noted above, the Bankruptcy Court's order stated that existing judgments with respect to dischargeable debts were null andvoid as "a determinationofthe personal liability of the debtor.


### . . ." Moreover, our case law both reiterates this elementary principle of bankruptcy law and clarifies that "[olnlypersonal liability is discharged; liens not avoided by the bankruptcy codemay be enforced notwithstanding dischargeofthe debtor." Reichert
v. Koch (1983), 202 Mont.167, 171, 655P.2d 993,995 (citation omitted). We have neither overrulednor limited Reichert, and Turk did not file a response briefin this case citing to any authorities which would cast doubt onReicheit's continued viabilityorits applicabilityin this
case.Here, Brian had a secured judgment lien against Turk's property, rather than a mere claimcd indcbtedness against Tu~k personally. Thus, while Turk's personal liability for the underlying debt may well have been discharged in bankruptcy, the judgment lien was not discharged. We hold that the District Court's conclusion that Brian's renewed judgment was void 

### ab initio is overbroad and erroneous. Reversed.

We concur: