Laws: Cases and Codes : U.S. Code : Title 11 : Section 545


   
U.S. Code as of: 01/19/04
Section 545. Statutory liens

      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;
        (3) is for rent; or
        (4) is a lien of distress for rent.



Previous [Notes] Next

Related Resources

Bankruptcy Law Guide

Bankruptcy Articles and Documents

Bankruptcy Forms

Bankruptcy Discussion

Ads by FindLaw