11 USC 545 - Statutory liens

U.S Code last checked for updates: May 02, 2024

§ 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, 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.

(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.)

cite as: 11 USC 545