11 U.S.C. § 545 — Statutory liens
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 200 words · no verdicts yet
This section lets a bankruptcy trustee avoid certain statutory liens that arise at specified times or are not enforceable against a buyer. It also covers rent-related liens.
The trustee may avoid the creation of a statutory lien on the debtor's property to the extent that the lien: (1) first becomes effective against the debtor* when (A) this bankruptcy case begins; (B) another insolvency proceeding begins; (C) a custodian* is appointed, authorized to take possession, or takes possession; (D) the debtor becomes insolvent; (E) the debtor's finances fall below a specified standard; or (F) someone other than the lienholder has an execution levied against the debtor's property; (2) is not perfected or enforceable against a bona fide purchaser buying the property when the case begins, whether or not such a buyer exists, except for a buyer described in Internal Revenue Code section 6323 or a similar State or local provision; (3) is for rent; or (4) is a distress-for-rent lien.
The trustee may avoid the fixing of a statutory lien on property of the debtor* to the extent that such lien—
first becomes effective against the debtor—
when a case under this title concerning the debtor is commenced;
when an insolvency proceeding other than under this title concerning the debtor is commenced;
when a custodian* is appointed or authorized to take or takes possession;
when the debtor becomes insolvent;
when the debtor’s financial condition fails to meet a specified standard; or
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;
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;
is for rent; or
is a lien of distress for rent.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2597; Pub. L. 98–353, title III, § 460, July 10, 1984, 98 Stat. 377; Pub. L. 109–8, title VII, § 711, Apr. 20, 2005, 119 Stat. 127.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2597
- 1984Amended · Pub. L. 98-353 · 98 Stat. 377
- 2005Amended · Pub. L. 109-8 · 119 Stat. 127
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.
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