Section 545 - Statutory Liens


Title 11 of the United States Code - Bankruptcy
CREDITORS, THE DEBTOR, AND THE ESTATE – CHAPTER 5


Statutory Liens - Section 545
11 USCS § 545



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 [26 USCS § 6323], 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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