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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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| Case | Decided |
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| Barney v. Robinson (In re Harry Ville Talermo) | 09/12/2023 |
Bankruptcy-related opinion summaries provided by partner LexisNexis® Collier.
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| R.C.A. Rubber Co., In re--Suhar v. Pension Benefit Guar. Corp. | 03/25/2020 |
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| Leonard v. Murphy (In re Leonard) | 04/07/2016 |
| Godley v. Open Grounds Farm Inc. (In re Godley) | 02/04/2014 |
| In re Padilla | 01/29/2013 |
| Burr v. United States (In re Burr) | 04/09/2007 |
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| Article | Date |
|---|---|
| Construction Bankruptcies | 07/18/2023 |
| Avoidance Actions | 07/06/2023 |
| Non-Monetary Defaults | 04/18/2023 |
| Judicial Roundtable Workouts: Problems, Problems, Problems! | 02/16/2023 |
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