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The trustee may avoid the fixing of a statutory lien on property of the debtor to the extent that such lien—
(1) first becomes effective against the debtor—
(A) when a case under this title concerning the debtor is commenced;
(B) when an insolvency proceeding other than under this title concerning the debtor is commenced;
(C) when a custodian is appointed or authorized to take or takes possession;
(D) when the debtor becomes insolvent;
(E) when the debtor’s financial condition fails to meet a specified standard; or
(F) at the time of an execution against property of the debtor levied at the instance of an entity other than the holder of such statutory lien;
(2) is not perfected or enforceable at the time of the commencement of the case against a bona fide purchaser that purchases such property at the time of the commencement of the case, whether or not such a purchaser exists, except in any case in which a purchaser is a purchaser described in section 6323 of the Internal Revenue Code of 1986, or in any other similar provision of State or local law;
(3) is for rent; or
(4) is a lien of distress for rent.
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Your trusted source for original insolvency articles and legislative updates.
Timely summaries of court of appeals and bankruptcy appellate panel decisions.
| Case | Decided |
|---|---|
| Barney v. Robinson (In re Harry Ville Talermo) | 12/03/2025 |
Bankruptcy-related opinion summaries provided by partner LexisNexis® Collier.
| Case | Decided |
|---|---|
| Cantwell, In re--Cantwell v. Wood | 03/05/2024 |
| R.C.A. Rubber Co., In re--Suhar v. Pension Benefit Guar. Corp. | 03/25/2020 |
| Mainline Equip., Inc., In re--L.A. Cty. Treasurer & Tax Collector v. Mainline Equip., Inc. | 07/30/2017 |
| Leonard v. Murphy (In re Leonard) | 04/07/2016 |
| Godley v. Open Grounds Farm Inc. (In re Godley) | 02/04/2014 |
| Burr v. United States (In re Burr) | 04/09/2007 |
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| Article | Date |
|---|---|
| Subchapter V Updates and Experiences | 07/23/2025 |
| Rising Above: Recent Trends and Transformations in Bankruptcy Appellate Cases | 07/14/2025 |
| Comparative Analysis of Insolvency Regimes | 05/07/2025 |
| Lien on Me | 04/20/2025 |
| Trustees Come in All Shapes and Sizes | 02/25/2025 |
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