11 U.S.C. § 101

Section 101(54)(D) defines a transfer to include any direct or indirect way of disposing of or parting with property or an interest in property.

U.S. Tr. v. Ellis (In re Ellis) · filed 2018-06-15(54)(D)

A "transfer" is defined as "each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with (i) property; or (ii) an interest in property." 11 U.S.C. § 101(54)(D). ... Second, Alanna, with intent to hinder, delay, or defraud a creditor or the Trustee, transferred property of the estate after the date of the filing of the chapter 11 petition.

Section 101(54)(D)'s definition of transfer does not include deposit transfers that were not applied to overdrafts.

Welch v. Regions Bank (In re Mongelluzzi) · filed 2018-07-18(54)(D)

Court finds that the remaining amount of the Deposit Transfers, $11,664,431.59, were not "transfers," and as to that amount of the Deposit Transfers, Regions was not an "initial transferee."

Section 101(54)(D) defines a transfer to include parting with property or an interest in property; granting a junior mortgage that removes home equity qualifies.

Brown v. Ferrari (In re Ferrari) · filed 2018-08-07(54)(D)

The Code defines "transfer," in relevant part, as "each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with ... property[ ] or ... an interest in property." 11 U.S.C. § 101(54)(D). ... Based on this transaction, the Court finds that the Debtor transferred or removed the equity in his Home within one year of the filing of his bankruptcy petition for purposes of § 727(a)(2)(A).

Section 101(54) defines a transfer to include granting a security interest in property.

Sommers v. Dale (In re Dahlin) · filed 2018-08-28(54)

This gave the Dales a security interest in the property and fits within the definition of a transfer under § 101(54).

Section 101(54) defines a transfer broadly enough to include a short term lease of a debtor’s possessory interest in equipment.

O'Neil v. New Eng. Rd., Inc. (In re Neri Bros. Constr. Corp.) · filed 2018-09-27(54)

The Court will enter judgment for the plaintiff Trustee and against NE Road on Counts I and II because: (1) the short term leases of the Debtor's equipment were transfers of the Debtor's right in personal property - its possessory interest in its equipment - without receipt of reasonably equivalent value; (2) the transfers were made while the Debtor was insolvent or resulted in the insolvency of the Debtor; and (3) the transfers were made with fraudulent intent on the part of certain insiders of NE Road. The Bankruptcy Code's definition of "transfer" is extremely broad and includes "each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or an interest in property...." 11 U.S.C. § 101(54).

Section 101(54) does not treat a debtor's deposit of its own funds into its own unrestricted bank account as a transfer.

Furr v. TD Bank, N.A. (In re Rollaguard Sec., LLC) · filed 2018-10-01(54)(D)

The Debtors' deposits into their own unrestricted bank accounts maintained at the Defendants do not constitute "transfers" within the meaning of that term under section 101(54) or Florida law, and so cannot form the basis for the Trustee's fraudulent transfer claims (other than the claims relating to satisfaction of overdrafts, addressed below).

Section 101(54) defines a transfer to include the creation of a lien.

Roth v. Plikaytis (In re Roth) · filed 2018-12-10(54)

Transfer now includes the creation of a lien. ... The undisputed facts mandate a conclusion that Debra initiated the process of creating a lien to secure her loan.

Section 101(54) defines a transfer broadly enough to cover payments made from the debtor’s funds through a joint bank account.

Jessica Giroux · filed 2018-12-17(54)

The Bankruptcy Code defines a “transfer” extremely broadly to include “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with - (i) property; or (ii) an interest in property.”23 The monies used to pay the Johnstons came from Jessica via a joint checking account. This establishes a transfer of an interest of the debtor in property.”

Section 101(54)(B) treats retention of title as a security interest as a transfer, but retention of a lien does not qualify.

Boyd v. First Franklin Mortg. Loan Trust (In re Boyd) · filed 2018-12-21(54)(B)

Because Defendants never had title to the Property, Defendants could not have retained title to the Property, and, therefore, 11 U.S.C. § 101(54)(B) is inapplicable to the instant situation.

Section 101(54) treats moving funds to a law firm's trust account as a transfer when the debtor gives up title, possession, and sole control.

Wise v. Wise (In re Wise) · filed 2018-09-28(54)

Olivia's transfer of the $250,000 in Proceeds to the Rebeck law firm not only was a "transfer," but also was an act by which Olivia "concealed" the funds, within the meaning of § 727(a)(2)(A).

Section 101 defines a transfer to include parting with an interest in property, which occurs when a farmer accepts a crop insurance payout.

In re Pedersen · filed 2018-12-18(54)(D)

The Court finds that by accepting a payout under their crop insurance policy, Debtors transferred their property rights in the policy under the broad definition of "transfer" provided in 11 U.S.C. § 101.

Section 101(54)'s definition of transfer includes the attachment and perfection of a citation lien on property acquired by the debtor after the lien was served.

Neighborhood Barre, LLC v. Kennedy (In re Neighborhood Barre, LLC) · filed 2019-02-21(54)

Defendant's contention that the attachment and perfection of its citation lien on after-acquired property did not constitute a "transfer" within the meaning of the Bankruptcy Code is incorrect.

Section 101(54)(A) treats the creation of a lien as a transfer; whether a mortgage creates a lien depends on applicable property law. An unrecorded Puerto Rico mortgage creates no lien.

Mercado v. Banco Popular De Puerto Rico · filed 2019-04-17(54)(A)

When determining whether a lien was created for purposes of § 101(54)(A), the court must consider the applicable state law as property interests, such as mortgages, are created and defined by state law. ... Consequently, in a jurisdiction such as Puerto Rico, where an unrecorded mortgage deed has no legal effect, an unrecorded mortgage does not provide lender with title, a lien, or an unperfected security interest in real property.

Section 101(54) defines a transfer broadly enough to include relinquishing an interest in property of the bankruptcy estate.

Helms v. Metro. Life Ins. Co. (In re O'Malley) · filed 2019-05-23(54)

As to the first element, a "transfer" is defined by the Code as "each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with" property or an interest in property. ... Thus, the surrender of an interest in "property of the estate" constitutes a transfer.

Section 101(54)(D) defines transfer broadly enough to include moving a debtor’s income through bank accounts to pay personal expenses.

Gardiners Bay Landscape & Design, Inc. v. Postiglione · filed 2019-06-24(54)(D)

“[T]ransfer” is defined in § 101(54) as “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing or parting with…property; or . . . an interest in property.” 11 U.S.C. § 101(54)(D). ... The Court finds that the Debtor’s act, by his own admission, of depositing his paycheck from Hampton Bay School District into his wife’s (undisclosed) bank account and then transferring those funds to Greenboy’s Small Business Capital One Account (also undisclosed) to pay personal expenses, was a transfer of property of the Debtor within one year before the bankruptcy filing.

Section 101(54)(D) includes disposing of property or an interest in property in its definition of a transfer; debit card payments for tickets can qualify.

Think Retail Solutions, LLC - Adversary Proceeding · filed 2019-07-05(54)(D)

The Bankruptcy Code defines a transfer as, among other things, “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with—(i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D). ... Thus, the undisputed facts establish that the payments made with the TRS Debit Card constituted a transfer of an interest of property by TRS.

Section 101(54) does not treat entry of a confessed judgment as a transfer when it creates no lien or other interest in the debtor’s property.

GMI Group, Inc. v. UNIQUE FUNDING SOLUTIONS, LLC · filed 2019-08-09(54)

In light of the foregoing, it does not appear that entry of the Confessed Judgment constitutes a “transfer” as defined in 11 U.S.C. § 101(54) which could be subject to avoidance under 11 U.S.C. § 547(b).

Section 101(54) defines a transfer broadly to include direct or indirect, absolute or conditional ways of parting with an interest in property.

JM Burns Steel Supply, Inc. v. Floyd · filed 2019-08-27(54)

A “transfer” is defined broadly and includes every mode, direct or indirect, absolute or conditional, of parting with an interest in property.

Section 101(54) defines a transfer to include parting with property, which covers funds garnished before bankruptcy.

Coots v. Ford Motor Credit Company LLC · filed 2019-09-17(54)

Notably, Congress defined “transfer” in the Bankruptcy Code as, among other things not applicable here, “(C) the foreclosure of a debtor’s equity of redemptions; or (D) each mode . . . of disposing of or parting with—(i) property; or (ii) and interest in property.” 11 U.S.C. § 101(54). Consistent with preference theory, a transfer occurred prepetition thus removing the funds sought in the action from property that comprised the bankruptcy estate and the ambit of § 362(a)(3).

Section 101(54) does not treat a deposit into a debtor’s own unrestricted bank account as a transfer because the debtor retains access to the funds.

Furr v. TD Bank, N.A. · filed 2019-09-24(54)(D)(i)-(ii)

The Court agrees with the bankruptcy court that a transfer into a Debtor’s unrestricted bank account is not a transfer.

Section 101(54) treats a prepetition wage garnishment as a transfer of the debtor’s interest in property.

Nagot v. Suncoast Credit Union · filed 2019-12-19(54)

Congress defined “transfer” in the Bankruptcy Code as, among other things not applicable here, “(C) the foreclosure of a debtor’s equity of redemptions; or (D) each mode . . . of disposing of or parting with—(i) property; or (ii) and interest in property.” 11 U.S.C. § 101(54). Consistent with preference theory, a transfer occurred prepetition thus removing the funds sought in the action from property that comprised the bankruptcy estate and the ambit of § 362(a)(3).

Section 101(54)(D) includes parting with property or an interest in property in the definition of a transfer; a claimed release of receivables requires a plausible allegation that the debtor held that property interest.

Calais Regional Hospital v. Anthem Health Plans of Maine, Inc., d/b/a Anthem B · filed 2020-03-04(54)(D)

The Bankruptcy Code defines the term “transfer” to include “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with” property or an interest in property. 11 U.S.C. § 101(54)(D). ... Given the dearth of any plausible allegations that CRH had a property interest in any claims for further payment from Anthem, CRH fails to state a claim that such an interest was fraudulently transferred.

Section 101(54)(D) defines “transfer” broadly enough to include distributions to creditors.

PMCM 2, LLC, as the Liquidating Trustee for the Be v. Fabric Sources, Inc. · filed 2020-03-20(54)(D)

Nothing in the definition of “transfer” excludes distributions. While not all transfers are distributions, all distributions—or at least those at issue in this proceeding—are transfers.

Section 101(54) treats the creation or fixing of a lien as a transfer.

Suhar v. Pension Benefit Guaranty Corporation · filed 2020-03-26(54)

However, a plain reading of the Code demonstrates that the “fixing” of a lien is a type of “transfer.” A transfer is defined to include “the creation of a lien.” 11 U.S.C. § 101(54).

Section 101(54)(D) defines a transfer broadly to include indirect or involuntary relinquishment of property or an interest in property.

Durham Commercial Capital v. Grossman · filed 2020-04-07(54)(D)

The Bankruptcy Code defines “transfer” broadly to include “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with (i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D). ... On the contrary, the summary judgment record, including the Appellants’ own accounting records and answers to interrogatories, demonstrates that through the Transfers the Debtor relinquished, indirectly and/or involuntarily, a “valuable property right”—its right to payment from its clients for legal services rendered.

Section 101(54)(D) includes the waiver or release of a contractual right to payment within the definition of a transfer.

Aurzada v. Jenkins · filed 2020-04-17(54)(D)

The fact that the Gift of Equity constituted a waiver or release of the contractual right to receive a portion of the Sales Price, as opposed to an interest in the Tremont Property itself, does not change the fact that the Gift of Equity was a transfer for purposes of section 548 of the Bankruptcy Code.

Section 101(54)(D) defines “transfer” broadly enough to include using withdrawn funds to make mortgage payments.

Rasmussen v. LaMantia · filed 2020-10-09(54)(D)

As for the first element, the Bankruptcy Code defines the term “transfer” broadly to mean, among other things, “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with—(i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D). ... A transfer undoubtedly occurred when the Defendant used the withdrawn funds for, among other purposes, making multiple payments on his mortgage.

Section 101(54) defines a transfer broadly enough to include conveying direct ownership of property to a trust while retaining a beneficial interest.

McHenry Savings Bank v. Paulsen · filed 2020-09-01(54)

Instead, the “Bankruptcy Code defines ‘transfer’ broadly, as including ‘each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with—(i) property; or (ii) an interest in property.’” ... Accordingly, the court finds that the Plaintiff has properly alleged a transfer of assets by the Debtor within one year before his bankruptcy petition.

Section 101(54)(D) defines a transfer to include parting with possession, custody, or control of property, even without transferring title.

US Trustee v. Portunato, III · filed 2020-09-17(54)(D)

Regarding the second element, Bankruptcy Code § 101(54)(D) defines “transfer” as any mode “of disposing of or parting with … property” or “an interest in property.” Under this definition, “any transfer of an interest in property is a transfer, including a transfer of possession, custody, or control even if there is no transfer of title.”

Section 101(54) defines a transfer broadly enough to include conveying a residence from joint tenancy to a family trust.

Joseph D. Olsen, Trustee for the Estate of James D v. Paulsen · filed 2020-09-29(54)

Moreover, their argument wholly disregards the alleged conveyance of the Defendants’ interest in the Homestead to the Family Trust, evidencing further that their transaction was a transfer and not a mere re-titling of interests.

Section 101(54)(D) defines a transfer to include a quitclaim deed that parts with whatever interest the debtor holds in property.

Dymarkowski v. Boyd · filed 2020-09-30(54)(D)

The Bankruptcy Code defines “transfer” to mean “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with— (i) property; or (ii) an interest in property.” 11 U.S.C. §101(54)(D). ... Accordingly, the deeds satisfy the definition of a “transfer” under §105(54)(D) of the Bankruptcy Code as a mode of parting with property or an interest in property.

Section 101(54) defines a transfer to include foreclosure of a debtor’s equity of redemption and involuntary disposition of property.

Valley Ridge Roofing and Construction, LLC v. 7901 Blvd 26, LLC · filed 2020-09-30(54)

As the Court has noted twice now, Bankruptcy Code § 101(54) defines “transfer” broadly to include foreclosure of a debtor’s equity of redemption (exactly what happened here) and “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with” property or an interest in property (again, exactly what happened here).

Section 101(54)’s definition of transfer includes recording a deed that conveys an interest in property.

Milligan v. Valdes · filed 2020-10-01(54)

Section 549(a) clearly applies here because the recordation of the Quit Claim Deed on April 17, 2020, was a transfer7 after commencement of the case and was not authorized by the Bankruptcy Code or the Court. ... 7 The Code defines “transfer” as “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or an interest in property.” 11 U.S.C. § 101(54).

Section 101(54)’s definition of transfer does not include a buyer’s assumption of the debtor’s debt when no property of the debtor passes to the creditor.

Dillworth, as Trustee v. Amerant Bank, N.A. f/k/a Mercantil Bank, N.A. · filed 2020-10-08(54)

Likewise, the Debt Assumption (Beach Haus’s assumption of BHQ’s remaining debt, or Amerant’s extension of new credit to Beach Haus in an equal amount, regardless of how characterized) was not a transfer of an interest of BHQ in property to Amerant.

Section 101(54)(D) includes payment by check within the definition of a transfer when the bank honors the check.

Dymarkowski v. McConegly · filed 2021-01-12(54)(D)

The payment by check satisfies the definition of a “transfer” in §105(54)(D) as a mode of parting with property or an interest in property.

Section 101(54) defines a transfer to include both voluntary and involuntary transfers.

Candise Hooker v. Wanigas Credit Union · filed 2021-01-26(54)

And the bankruptcy code defines “transfer” broadly to encompass both voluntary and involuntary transfers. 11 U.S.C. § 101(54).

Section 101(54) treats a foreclosure sale of a debtor’s property as a transfer of an interest in property.

Buckskin Realty Inc v. Windmont Homeowners Association, Inc. · filed 2021-03-26(54)

The foreclosure sale was a “transfer of an interest of the debtor in property.” See 11 U.S.C. § 101(54).

Section 101(54)(D) defines a transfer as disposing of or parting with property or an interest in property. Changing a life insurance beneficiary is not a transfer when the owner retains the policy and the right to change beneficiaries.

Harden, Trustee v. Harrison · filed 2021-02-22(54)(D)

The Bankruptcy Code defines “transfer” as “each mode . . . of disposing of or parting with – (i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D); Ivey v. First Citizens Bank & Trust Co. (In re Whitley), 828 F.3d 205, 208 (4th Cir. 2017). ... Notwithstanding the debtor’s exercise of his right to change the beneficiary within 90 days prior to the petition date, neither the ownership of the Life Insurance Policy nor the right under the policy to change the beneficiary designation was transferred.

Section 101(54) defines “transfer” broadly to include creating a lien or parting with an interest in property.

Hagan v. Kessler · filed 2021-06-14(54)

“The term “transfer” under § 727(a)(2) and § 101(54) is to be broadly construed. ‘The definition of transfer is as broad as possible ... [A] deposit in a bank account or similar account is a transfer.’” ... With regard to the Mortgage, the Debtor transferred or concealed the equity in her home in an effort to put it out of the reach of the Plaintiffs.

Section 101(54)(D) does not treat an unexercised purchase option that expires on its own terms as a transfer.

SPEEDWELL VENTURES, LLC v. PAZZO PAZZO, INC. · filed 2021-06-18(54)(D)

That failure to convert an interest in property into something else entirely does not constitute a transfer within the meaning of § 101(54)(D).

Section 101(54)'s definition of transfer covers a debtor's deposit of funds into a joint account to the extent the deposit gives the other owner a one-half interest.

Allan B. Mendelsohn as Trustee of the Estate of Le v. Roslyn, LLC · filed 2021-06-21(54)

Therefore, while the bulk of the Transfers may have come from the Debtor’s funds, any deposits of the Debtor’s funds into the Joint Account constitute transfers to Beth with respect to half of each such transfer.

Section 101(54)'s definition of transfer includes depositing money or a check into a bank account.

The United States Trustee For Region 16 v. Devine · filed 2021-10-15(54)

This reasoning applies with equal force to a deposit of money or a check into a bank account.

Section 101(54)(D) includes relinquishing an interest in property within the definition of a transfer.

King v. Johnson · filed 2021-11-22(54)(D)

The Consent comes within the Bankruptcy Code’s definition of a “transfer.”

Section 101(54) defines a transfer broadly enough to include a deed changing spouses’ ownership from a joint tenancy to a tenancy by the entirety.

A/C Supply, Inc. v. Botsay · filed 2022-01-11(54)

“[T]he definition of ‘transfer’ under the Bankruptcy Code is comprehensive and includes every conceivable mode of alienating property, whether directly or indirectly, voluntarily or involuntarily.” Cullen Ctr. Bank & Tr. v. Hensley (In re Criswell), 102 F.3d 1411, 1415 (5th Cir. 1997) (citing 11 U.S.C. § 101(54)). ... Consequently, Botsay should have disclosed the conveyance on the SOFA.

Section 101(54)(D) defines a transfer broadly enough to include wages earned under a garnishment even when the creditor did not receive the payment.

Smith v. Brother Loan & Finance Co · filed 2022-01-28(54)(D)

According to the Bankruptcy Code, a “transfer” is defined as “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or an interest in property.” 11 U.S.C. § 101(54)(D)(2021). ... Despite Defendant not receiving the Last Payment, the amount accrued and importantly Plaintiff earned the wages to make the payment during the preference period.

Section 101(54) includes deposits into and withdrawals from a debtor’s bank account within the definition of a transfer.

Ng v. Poole · filed 2022-02-08(54)

The simple withdrawal of funds from a debtor's bank account, or the deposit of funds into a debtor's bank account, constitutes a “transfer” under §101(54).

Section 101(54)(D) includes the disposition of an interest in property within its definition of a transfer, even if the interest has no present market value.

John Herman Lemanski, Jr. · filed 2022-05-20(54)(D)

The Debtor’s 50% membership interest in the LLC was property that could be, and was, transferred, even if that membership interest had no value at the time of the transfer.

Section 101(54)(D) broadly defines a transfer to include any disposition of or parting with an interest in property, including perfection of an existing lien.

Overcash v. Bank of Dixon County · filed 2022-06-08(54)(D)

The notation of the lien on the title certificate was a method of perfecting the existing lien, rather than creating one. However, the definition is expansive, and § 101(54)(D) encompasses every kind of disposition of or parting with an interest in property.

Section 101(54)(D) defines “transfer” broadly enough to include funds set aside in reserve for an administrative claim before they are paid.

Auriga Polymers Inc. v. PMCM2, LLC · filed 2022-07-18(54)(D)

The Bankruptcy Code defines “transfer” as including “each mode, direct or indirect, absolute or conditional, voluntary or involun- tary, of disposing of or parting with—(i) property; or (ii) an interest in prop- erty.” 11 U.S.C. § 101(54)(D) (emphasis added). ... Thus, it is properly considered a “transfer.”

Section 101(54) defines transfer broadly enough to include a debtor's transfer of membership interests in a limited liability company.

SE Property Holdings, LLC v. Stewart · filed 2022-08-03(54)

Under the Bankruptcy Code, “transfer” is broadly defined to include “every mode... of... parting with... an interest in property.” 11 U.S.C. § 101(54). As discussed in more detail below, a membership interest in a limited liability company constitutes the personal property of the member. The undisputed facts show that prior to the Oklamiss Transfer the Debtors held 100% of the membership interest in Oklamiss. By the Oklamiss Transfer the Debtors transferred 98% of their membership interests in Oklamiss (which held 100% of the membership interest in Raven Resources) to the Stewart Children. This was a straightforward transfer of property of the Debtors meeting the requirements of § 727(a)(2)(A).

Section 101(54) includes indirect dispositions of property in its definition of “transfer.”

Ostrander v. Hebert · filed 2022-09-30(54)

Since “transfer” includes indirect modes of disposition and neither §§ 544(b)(1) nor 548(a)(1)(B) limit the Trustee’s avoidance power to transfers made by a debtor, the Court finds Hebert’s focus on the transferor to be misplaced.

Section 101 defines the creation of a lien as a transfer.

Greenpoint Asset Management II LLC v. Hallick · filed 2022-09-30(54)(A)

The State Court Orders are all transfers for Bankruptcy Code purposes. The State Court Orders indisputably create “charge[s] against or interest[s] in property to secure payment of a debt or performance of an obligation”; thus, they are “liens” as defined in §101(37) of the Bankruptcy Code. As such, they are also transfers for purposes of applying §547(b), since the Code defines “transfer” to mean, among other things, “the creation of a lien”. 11 U.S.C. §101(54)(A).

Section 101(54) defines a transfer as disposing of or parting with property or an interest in property; restating a retirement plan without doing so is not a transfer.

McDonnell v. Gilbert · filed 2022-08-23(54)

Given that, it cannot be said that the Debtor (through PSSoL) disposed of or parted with any property by signing the plan reinstatement in July 2020. Thus, there was no “transfer” under the Code’s definition.

Section 101(54)(C) defines foreclosure of a debtor’s equity of redemption as a transfer. In a Maryland tax sale, that transfer occurs when the court enters the order foreclosing redemption rights.

Tucker v. Brusznicki · filed 2022-10-01(54)(C)

The definition determines the threshold issue of when the transfer of the Debtor’s interest in the Property occurred because it defines “transfer” as “the foreclosure of a debtor’s equity of redemption.” Id. The Redemption Order foreclosed the Debtor’s redemption rights. Therefore, the Court concludes that the transfer of the Debtor’s interest in the Property occurred when the State Court entered the Redemption Order.

Section 101(54)(C) defines foreclosure of a debtor’s equity of redemption as a transfer, but it does not determine the transfer date for preference or fraudulent transfer purposes.

Wright v. Trystone Capital Assets, LLC · filed 2022-10-17(54)(C)

Mr. Wright instead had provided the state court with only one of the four Bankruptcy Code general definitions of transfer, the foreclosure of a debtor’s equity of redemption. See 11 U.S.C. § 101(54)(C). When Mr. Wright lost his right to redeem is not relevant to determining the time of transfer for preference or fraudulent transfer purposes.

Section 101(54)(D) defines a transfer to include any direct or indirect, voluntary or involuntary way of disposing of or parting with property or an interest in property.

Moyer v. Guitton-Belon · filed 2022-12-01(54)(D)

The Bankruptcy Code defines transfer as “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with—(i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D). ... Assuming the invoice was Jeremy’s property, however, Jeremy admits he effectuated these transfers and the first element under § 727(a)(2)(A) is satisfied.

Section 101(54)(D) defines a transfer to include voluntary or involuntary disposal of an interest in property.

In re: Julie Marie Wood · filed 2022-12-13(54)(D)

This testimony, together with the tax documents, warrants a finding that the Debtor’s interest in the Joint Venture was transferred away from her voluntarily or involuntarily, pursuant to the definition in both state and federal fraudulent transfer statutes.

Section 101(54)(D) treats relinquishment of valuable property rights as a transfer, including termination of a declaration that gives an association covenant and assessment rights.

Furr v. Geragi · filed 2023-01-05(54)(D)

The power to assess owners and the covenants in favor of Quantum are valuable property rights. Relinquishment of those rights by termination of the Declaration constitutes a transfer under both federal and Florida fraudulent transfer law. See 11 U.S.C. § 101(54)(D); Florida Statutes § 726.102(14).

Section 101(54)(D) defines a transfer broadly to include disposing of or parting with property or an interest in property, whether directly or indirectly, voluntarily or involuntarily.

William M. Anderson - Adversary Proceeding · filed 2023-03-23(54)(D)

Under the Bankruptcy Code, a “transfer” broadly embraces “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with— (i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D). ... The Trustee did not proffer any evidence disputing that essential claim, and, failed to provide evidence of a transfer of either of the sole proprietorships from William to Mary Ann.

Section 101(54)(C) defines the foreclosure of a debtor’s equity of redemption as a transfer.

Brusznicki v. Tucker · filed 2023-08-11(54)(C)

By the statute’s plain text, that foreclosure of the Debtor’s redemption rights was a “transfer.”

Section 101(54) includes foreclosure of a debtor’s equity of redemption in the definition of transfer; at a lawful Pennsylvania upset tax sale, that transfer occurs when the sale extinguishes the right to redeem.

Scherzinger v. Blair County Tax Claim Bureau · filed 2023-08-18(54)

According to 11 U.S.C. § 101(54), the term “transfer” means the “foreclosure of a debtor’s equity of redemption[.]” See 11 U.S.C. § 101(54)(C). Under RETSL, the time period to redeem property is the date of an actual sale at the upset sale. ... In this case, that would be September 21, 2022 and is outside of the ninety (90) day preference period of 11 U.S.C. § 547(b)(4). ... Hence, pursuant to Fed.R.Civ. 12(b)(6) as incorporated by Fed.R.Bank.P. 7012, this adversary proceeding should be dismissed as a matter of law because the complaint fails to state a claim that a “transfer” of “property of the Debtor” occurred within ninety (90) days of the petition date.

Section 101(54)(D) includes a change from joint tenancy to tenancy by the entireties within its definition of a transfer.

Fink v. Arregui · filed 2023-09-22(54)(D)

The court determines that when a fraudulent-transfer defendant transforms his or her ownership interest from joint tenancy to tenancy by the entireties, the transaction that alters the form of the defendant’s interest is a “transfer” of property under the Bankruptcy Code and the MUFTA.

Section 101(54)(D) defines a transfer to include parting with an interest in property, including by quitclaim deed.

Dymarkowski (Trustee) v. Teresa Nadeau as Trustee of the 858 Trust · filed 2023-09-28(54)(D)

Here, the quitclaim deed was a mode of parting with an interest in property, see, Crawforth v. Wheeler (In re Wheeler), 444 B.R. 598, 606 (Bankr. D. Idaho 2011), and thus constitutes a “transfer” under the Bankruptcy Code.

Section 101(54) treats the grant of leasehold rights and a later conveyance of ownership as separate transfers, even when both arise from one agreement.

Field v. Honda Aircraft Company, LLC · filed 2025-01-23(54)

It does not matter that there was only one agreement. Honda Aircraft received interests in the aircraft in two distinct steps: (1) first, it received possession and use rights; and (2) later it received outright ownership.

Section 101(54) defines a transfer broadly enough to include depositing an interest in property into a bank account.

Cole Hayes, Chapter 7 Trustee for the Bankruptcy E v. United States · filed 2025-04-30(54)

Thus, Debtor effectuated a “transfer” under 11 U.S.C. § 101(54), when McGillewie caused the loan to be deposited into the SouthState Account.

Section 101(54)(D) includes conditional transfers, so placing funds in escrow can qualify as a transfer before they reach their ultimate destination.

Boy Scouts of America and Delaware BSA LLC v. · filed 2025-05-13(54)(D)

The problem with this argument is that neither § 101(54) nor § 1101(2)(A) provide that a “transfer” must be “completed” or that funds need to reach their “ultimate destination.”

Section 101(54)(C) treats the foreclosure of a debtor’s equity of redemption as a transfer.

Tran v. Citizens Bank, N.A. · filed 2025-07-01(54)(C)

Further, the Bankruptcy Code is clear that "the foreclosure of a debtor's equity of redemption" is a "transfer" under the meaning of the Code. See 11 U.S.C. § 101(54)(C).

Section 101(54)(D) includes indirect transfers of property through a debtor’s alter ego or an entity the debtor beneficially owns or controls.

Despins v. Apple Inc. · filed 2025-07-29(54)(D)

The Court concludes a debtor may use an alter ego as a “mode, direct or indirect, . . . of parting with—(i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D). ... Similarly, the Court concludes a debtor may use an entity it beneficially owns or controls to indirectly transfer property. 11 U.S.C. § 101(54)(D).

Section 101(54)(D) includes a debtor’s indirect transfer of property through an alter ego.

Despins v. Meta Platforms Inc. · filed 2025-07-29(54)(D)

The Court concludes a debtor may use an alter ego as a “mode, direct or indirect, . . . of parting with—(i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D).

Section 101(54)(A) includes the creation of a lien in the definition of a transfer.

Itzhak · filed 2025-10-21(54)(A)

The Bankruptcy Code includes the “creation of a lien” in the definition of “transfer.” 11 U.S.C. § 101(54)(A). ... Therefore, the Court finds that the transfer took place on February 15, 2024 – when the Lien was created.

Section 101(54)(D) defines a transfer to include direct or indirect parting with property or an interest in property.

In re Palmer · filed 2025-10-30(54)(D)

The definition of “transferring” property includes “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with—(i) property; or (ii) an interest in property.”

Section 101(54) includes the creation of a lien and the retention of title as a security interest in its definition of a transfer.

Helbling · filed 2026-01-22(54)

A transfer occurs when a lien is created or when the creditor retains title as a security interest.

Section 101(54) treats a deed converting joint tenancy property to tenancy by the entirety as a transfer when it reduces the debtor’s property rights and places the property beyond individual creditors’ reach.

Albrecht · filed 2026-02-13(54)

Based on the weight of authority, the applicable statutes, and the stipulated facts, the court concludes as a matter of law that the February Deed was a transfer under § 101(54) of the Bankruptcy Code and as contemplated by § 548 of the Bankruptcy Code and North Carolina General Statutes § 39-23.4(a).

Section 101(54)'s definition of transfer includes releasing a claim and may include failing to assert or disclaiming a right.

In re Greenwich Retail Group LLC · filed 2026-02-20(54)

Failures to assert rights, or disclaimers of rights, may also constitute transfers.

Section 101(54)(D) defines a transfer to include parting with property or an interest in property; payments to vendors for improvements did not constitute a transfer to the property owner.

Hale v. Eighteen Ninety-Six · filed 2026-02-23(54)(D)

Instead, there were discrete transactions between Hale and vendors/tradespeople to improve the Property for Hale’s benefit. Hale is not seeking to avoid those individual transfers. Based on the foregoing, Hale has not identified a transfer to ENS that can be avoided.

Section 101(54) includes a debtor’s grant of a lien on its property in the definition of a transfer.

Denali Construction Services, LLC v. Cloudfund · filed 2026-03-20(54)

The lien granted by Plaintiff to Infusion pursuant to the Infusion Agreements constitutes a transfer of an interest of the Plaintiff in property.

Section 101(54)’s definition of transfer includes a foreclosure sale of the debtor’s property.

Buckskin Realty Inc. v. Windmont Homeowners Association · filed 2026-02-27(54)

The foreclosure sale was a “transfer of an interest of the debtor in property.” See 11 U.S.C. § 101(54).

Section 101(54)(D) treats using proceeds to purchase an annuity as a transfer, even when the debtor retains rights in the annuity.

Brown · filed 2026-04-02(54)(D)

Thus, given the expansiveness of the definition, there can be little question that the use of the Net Proceeds to purchase the Annuity constituted a mode of parting with an interest in property – i.e., a “transfer.”

Section 101(54)(A) defines a transfer to include the creation of a lien; service of a garnishment writ can create such a lien.

Moyer v. Connie Rogers · filed 2026-04-22(54)(A)

The term “transfer” is defined in the Bankruptcy Code and, for purposes of the issues before the Panel, includes “the creation of a lien.”

Section 101(54)(A) defines a transfer to include the creation of a lien, regardless of its value.

Roger Harvey Black · filed 2026-05-01(54)(A)

The definition of transfer in the Bankruptcy Code clearly includes the creation of a lien. See 11 U.S.C. § 101(54)(A) (“The term transfer means — (A) the creation of a lien . . . .”). Nothing in either § 101(54)(A) or § 549 requires the lien to have a minimum value.

Section 101(54)(D) treats a debtor's voluntary or involuntary loss of a state-recognized property interest as a transfer.

Reinhardt v. Weston Prince · filed 2026-05-27(54)(D)

So a transfer occurs under § 101(54)(D) when a state-recognized property interest—a right, claim, title, or legal share in something—is parted with, whether voluntarily or involuntarily.

Section 101(40) defines a transfer to include an involuntary judgment lien obtained against a debtor.

Pongetti v. Grove Co. (In Re Underwood) · filed 1982-11-09(40)

Although there is not an abundance of authority construing said recently adopted statutory redefinition of a transfer within the meaning of section 547, the well-reasoned opinion of the Bankruptcy Court for the District of New Jersey in ... reinforces Collier’s rationale, whereunder it is logical to infer ... that not only is a voluntary confession of judgment a transfer, but also that a judgment lien involuntarily obtained against a debtor constitutes a transfer.

Section 101(50)’s definition of transfer covers a debtor’s use of funds to pay a homestead mortgage and spend proceeds on improvements and other expenses.

In the Matter of Denis Edward Bowyer, Debtor. Ncnb Texas National Bank, Formerly First Republicbank Austin v. Edwa · filed 1990-11-14(50)

Bowyer transferred and removed certain of his property within one year of filing; he used the money market proceeds to pay off his homestead mortgage, and spent the gold proceeds and other sizeable sums on homestead improvements and items, on travel, and on nonrecoverable expenses. Matter of Smiley, 864 F.2d 562, 565 (7th Cir.1989) (transfer is any disposition of a property interest); 11 U.S.C. § 101(50).

Section 101(54)’s definition of transfer does not treat a notice of garnishment as a transfer of the debtor’s funds; for preference purposes, the transfer occurs when the final garnishment or attachment order issues.

In the Matter of Freedom Group, Incorporated, Doing Business as Metro Metals, Debtor. Freedom Group, Incorporated v. Lap · filed 1995-03-14(54)

We conclude that a garnishment or attachment does not transfer money or other property to a creditor, for purposes of determining whether the transfer is an avoidable preference, until a final order of garnishment or attachment is issued.

Section 101(41)'s definition of transfer covers a creditor's receipt of payments made through an airline clearing house.

Phoenix Ventures, Inc. v. Compania Panamena De Aviacion, S.A. (In Re Jet Florida System, Inc.) · filed 1989-09-25(41)

The receipt by COPA of the payments alleged above (the “Payments”) constituted a transfer within the meaning of 11 U.S.C. §§ 101(41) and 547.

Section 101(50) defines a transfer to include a judicial proceeding that fixes a lien on the debtor’s property.

T.M. Sweeney & Sons, LTL Services, Inc. v. Crawford (In Re T.M. Sweeney & Sons, LTL Services, Inc.) · filed 1990-09-21(50)

This definition of “transfer” has been held to include any judicial proceeding that fixes a lien upon property of the debtor. ... Thus, this Court abides by the reasoning of prior bankruptcy decisions which have followed Illinois court authority, in finding that the service of the Citation summons against Palos Bank created at that time a lien upon Debtor’s bank account.

Section 101(41) defines “transfer” broadly enough to include a garnishment lien.

Weaver v. Aquila Energy Marketing, Corp. · filed 1996-05-20(41)

The term “transfer” is defined broadly to include “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property, including retention of title as a security interest.” 11 U.S.C. § 101(41). This definition has been interpreted to include garnishment liens. ... The transfer of property interest, i.e., the conversion of Aquila’s interest from unsecured to secured status, occurred on the date of service, the Bank’s setoff notwithstanding.

Section 101 defines a lien as an interest in property securing a debt and a transfer as parting with an interest in property, so granting a lien is a transfer.

McRoberts v. Transouth Financial (In Re Bell) · filed 1996-04-01(37), (54)

"Lien” is defined under the Code as an "interest in property” to secure payment of a debt, 11 U.S.C. § 101(37), while "transfer” means every mode of "parting with property or an interest in property." 11 U.S.C. § 101(54). Section 544(a) allows the trustee to avoid any "transfer of property of the debtor” that is voidable under state law. Thus, the trustee avoids a lien under § 544(a) as a transfer of the debtor's interest in property.

Section 101(54) treats a payment or judgment following garnishment as a transfer even when the garnishment created an earlier lien.

Royal v. First Interstate Bank of Commerce (In Re Straight) · filed 1997-04-14(54)

Although some of the opinions at least imply that the later payment or judgment was not a transfer at all under section 547, we believe these events were also transfers, see 11 U.S.C. § 101(54), but they were not avoidable as preferences because they did not enable the creditors to receive more than they would have without them if the debtor were liquidated in chapter 7.

Section 101(54) defines “transfer” broadly enough to include a sale of property, though not every transfer is a sale.

Bank of New York Trust Co. v. Official Unsecured Creditors' Committee · filed 2009-09-29(54)

“transfer” is defined broadly in 11 U.S.C. § 101(54). The terms used in these provisions are descriptive and have no independent legal significance. Further, as the Noteholders point out, every sale of property involves a transfer, but not every transfer is a sale. Here, a sale occurred.

Section 101(54) defines a transfer to include the creation of a lien, including a mortgage.

Klein v. Weidner (In re Weidner) · filed 2012-09-10(54)

There is no dispute the first and second elements of Klein’s § 727(a)(2)(A) claim are satisfied: the Debtor owned the Residence and transferred an interest in the property by granting the Benedix Mortgage.

Section 101(54) includes foreclosure of a debtor’s equity of redemption within the definition of a transfer.

Cerrato v. BAC Home Loans Servicing (In re Cerrato) · filed 2014-01-24(54)

Although § 548 of the Bankruptcy Code applies to any “transfer”, which includes foreclosure of the debtor’s equity of redemption, 11 U.S.C. § 101(54), Cerrato, as a matter of law, did not “receive less than a reasonably equivalent value in exchange for such transfer”.

Section 101(54)’s definition of transfer includes forgiveness of a debt owed to the debtor.

Arrowsmith v. Lemberg Law, LLC (In re Health Diagnostics Laboratory, Inc.) · filed 2017-03-30(54)

Courts have consistently held that a “transfer” occurs when a debtor forgives indebtedness owed to it by a third party.

Section 101(54)(D) broadly defines a transfer as disposing of or parting with property or an interest in property, whether directly or indirectly, voluntarily or involuntarily.

William M. Anderson - Adversary Proceeding · filed 2020-08-27(54)(D)

Under the Bankruptcy Code, a “transfer” broadly embraces “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with—(i) property; or (ii) an interest in property.”

Section 101(54) defines a transfer to include the creation of a lien.

Reger v. Essex Bank · filed 2021-04-01(54)(A)

11 U.S.C. § 101(54)(A) defines the term transfer as meaning “the creation of a lien” and 11 U.S.C. § 101(54)(d) states that such a transfer also includes both “voluntary or involuntary or disposing of or parting with property; or an interest in property.” See 11 U.S.C. § 101(54). The Notice of Lien is a judgment lien that attaches to Debtor’s property that is part of the Dissolution Action.

Section 101(54)(D) defines a transfer to include voluntary and involuntary ways of disposing of property or an interest in property.

Gordos Restaurant Corp. - Adversary Proceeding · filed 2022-08-04(54)(D)

by its plain terms the Bankruptcy Code’s definition of “transfer” includes “each mode, ... direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with -- (i) property; or (ii) an interest in property.”

Section 101(53) defines a statutory lien as one arising by force of statute; mechanic’s liens fall within that definition.

Nickolas Joseph Clarey and Darci Jean Clarey · filed 2024-11-18(53)

Statutory liens are liens “arising solely by force of a statute on specified circumstances or conditions.” 11 U.S.C. §101(53). ... Therefore, mechanic’s liens are statutory liens.

Section 101(53) excludes a lien from the definition of a statutory lien when it depends on a consensual security agreement rather than arising solely by statute.

City of Chester v. PHCC LLC d/b/a Preston Hollow Community Capital, e · filed 2023-11-03(53)

Consequently, the lien does not satisfy the § 101(53) definition of a “statutory lien,” as the lien did not arise solely by statute as required by § 101(53) given that the consensual security interest under the Trust Indenture is identical to the statutory lien purportedly granted under the 2017 Ordinance; and the 2017 Ordinance is dependent on the actual terms outlined in the Trust Indenture.

Section 101(37) defines “lien” broadly enough to include a PACA trust beneficiary’s interest in property securing payment of a claim.

In re Cherry Growers, Inc. · filed 2017-11-01(37)

For example, the Bankruptcy Code’s definition of “lien” embraces both a secured creditor’s and a PACA claimant’s interest in particular items in the nature of property—'“a charge against or interest in property to secure payment of a debt or performance of an obligation.” 11 U.S.C. § 101(37).

Section 101 defines a lien created by agreement as a security interest and limits statutory liens to those arising solely by force of statute.

In re Holmes · filed 2017-09-19(51), (53)

Thus, by purchasing the Property and signing the Deed, the Debtor voluntarily agreed to the creation of a security interest in favor of Community Hills against her Property. To the extent that the Act also provides a source for the lien, because the lien is first created by agreement, the lien cannot be classified as a statutory lien under the Bankruptcy Code.

Section 101(53) requires a statutory lien to arise solely by force of statute; a statute authorizing a consensual lien does not make that lien statutory.

Peaje Invs. LLC v. Puerto Rico Highways (In re Fin. Oversight & Mgmt. Bd. for Puerto Rico) · filed 2017-09-08(53)

That a lien arising under Article 9 is enforceable because of statutory provisions does not, however, make that lien a statutory lien under Section 101(53) of the Bankruptcy Code ; similarly, that HTA's liens trace their validity to the HTA Enabling Act's grant of authority to create liens does not make liens that HTA subsequently decided to create statutory in nature.

Section 101(53) defines a statutory lien as one arising solely by force of a statute on specified circumstances or conditions.

Kane v. Coulson (In re Price) · filed 2017-08-17(53)

A statutory lien arises solely by force of a statute on specified circumstances or conditions. ... No statute gives Mr. Coulson a lien on the property or its proceeds.

A condominium association lien that arises under the Condominium Act regardless of the master deed is a statutory lien.

In re Smiley · filed 2017-07-12(53)

The Condominium Act lien occurs regardless of whether the master deed provides for the ability to obtain a lien, thus giving rise to a statutory lien.

Section 101(53) defines a statutory lien as one arising solely by force of a statute on specified circumstances or conditions; county tax liens created by filing delinquency certificates qualify.

Los Angeles County Treasurer & Tax Collector v. Mainline Equipment, Inc. · filed 2017-07-31(53)

The Bankruptcy Code defines a statutory lien as one “arising solely by force of a statute on specified circumstances or conditions.” 11 U.S.C. § 101(53). ... Because the County’s liens arose “solely by force of statute,” they meet § 545(2)’s first requirement for avoidance.

Section 101(37) includes an interest in property that secures a debt within its definition of a lien, even when the interest is presently unenforceable.

In re O'Sullivan · filed 2017-03-17(37)

In the alterná-tive, under Missouri law, the recording of CRP’s judgment in Barton County where the Debtor’s exempt real estate was located vested CRP with “an interest in property” as a result of the otherwise unenforceable judgment, such that its resulting “judicial lien” as defined by the Bankruptcy Code should likewise be avoided under § 522(f)(1).

Section 101(53) permits a statutory lien and a separate consensual lien to secure the same claim.

In re Keise · filed 2017-03-02(53)

Indeed, a statutory lien is defined as a “lien arising solely by force of a statute” and does not include a “security interest or judicial lien whether or not such interest or lien is provided by or is dependent on a statute and whether or not such interest or lien is made fully effective by statute.” 11 U.S.C. § 101(53). The Association’s position would be more persuasive if only one lien existed; in contrast, however, this Court adjudges that there are, in fact, two separate liens. Rather than preclude the existence of a statutory lien, the Declaration instead creates a second, separate lien.

Section 101(53) defines a statutory lien as one arising solely by force of a statute and excludes security interests even when a statute helps make them effective.

In re Rones · filed 2015-06-11(53)

It describes a statutory lien as arising solely from a statute. See 11 U.S.C. § 101(53). It specifically excludes security interests and judicial liens even in those cases where the security interest, also referred to as a consensual lien, or the judicial lien is dependent upon the existence of the statute to be folly effective. See id. By itself, this would support this Court’s finding that the Lien is a consensual lien because it arises from two sources, the statute and the Master Deed and Bylaws.

Section 101(53) treats a lien arising by force of statute as a statutory lien even when the creditor must take steps to preserve it.

Riverbend Condominium Ass'n v. Green · filed 2015-07-13(53)

The fact that a creditor must take certain subsequent stops to preserve a privilege does not affect the fact that the privilege arises “solely by force of a statute.”

Section 101(53) classifies a lien by how it first arose; a lien arising by statute remains a statutory lien despite later actions that give it the appearance of a security interest or judicial lien.

Young v. 1200 Buena Vista Condominiums · filed 2012-08-27(53)

Both the plain language of 11 U.S.C. §§ 101(36), (51), and (53) and the entire statutory scheme reveals that the classification of a lien depends on how the lien first arose. Thus, if a lien first arises by statute and then there is later action that could be considered the formation of a security interest or a judicial lien, the lien remains a statutory lien. If a lien originally arose via a security agreement and action is later taken to obtain a judgment the lien remains a security interest.

A mechanic’s lien arising under a statute remains a statutory lien after a foreclosure judgment; the judgment does not convert it into a judicial lien.

In re Cunningham · filed 2012-08-14(36), (53)

Under Indiana’s statutory framework, a mechanic’s lien is exclusively a creature of statute and the underlying basis for the lien arises by means of a statute, thereby constituting a mechanic’s lien under Indiana law as a “statutory lien”. Judicial action to foreclose the lien in order to enforce it does not alter the characterization of the lien, and the entry of judgment on foreclosure of the mechanic’s lien does not convert a statutory mechanic’s lien into a judicial lien.

Section 101(37) defines a lien as a charge against or interest in property securing payment of a debt, which includes a mortgage.

Hiraldo v. Banco Popular De Puerto Rico (In re Hiraldo) · filed 2012-05-29(37)

A mortgage is a hen ... and a “lien” is defined in the Bankruptcy Code as a “charge against or interest in property to secure payment of a debt”. 11 U.S.C. § 101(37).

Section 101(53) excludes a security interest from the definition of a statutory lien even when a statute also provides for the lien.

1200 Buena Vista Condominiums v. Young (In Re Young) · filed 2012-03-30(53)

However, given the existence of the Debtor’s agreement with respect to the conveyance of a security interest, the Association’s lien is specifically excepted from being characterized as a “statutory lien” pursuant to the express provisions of 11 U.S.C. § 101(53).

Section 101(27) defines a judicial lien to include an attachment lien obtained through legal process.

Dotson v. Bradford (In Re Bradford) · filed 1980-03-24(27)

It is a judicial lien created more than 90 days prior to bankruptcy and is outside the cut-off date.

Section 101 treats a lien obtained through a judgment as a judicial lien, which cannot also be a statutory lien.

Hines v. Anderson (In Re Hines) · filed 1980-04-15(27), (38)

Defendant, by reducing the old unsecured debt to a state court judgment, had a judicial lien under the definition of judicial lien contemplated by 11 U.S.C. Section 101(27). Since the definition of statutory lien and judicial lien are mutually exclusive, Defendant’s state court judgment can not also be a statutory lien.

Section 101(38) treats a mechanics’ lien arising by operation of statute as a statutory lien.

In Re Saberman · filed 1980-03-31(38)

It is clear that a mechanics’ lien is a statutory lien, as defined in the Bankruptcy Code. 11 U.S.C. sec. 101(38).

Section 101(28) defines a lien to include a security interest.

Jackson v. Security Industrial Bank (In Re Jackson) · filed 1980-05-19(28)

“Lien” is defined by the Code to mean a “[C]harge against or interest in property to secure payment of a debt or performance of an obligation.” 11 U.S.C. § 101(28). This definition of lien includes security interests.

Section 101(27) defines a judicial lien as one obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.

Butler v. General Electric Credit Corp. (In Re Butler) · filed 1980-07-28(27)

Judicial lien is defined by 11 U.S.C. § 101(27) as a “lien obtained by judgment, levy, sequestration or other legal or equitable process or proceeding.” ... Since each of the defendants’ judgments is a joint judgment, each judgment is a judicial lien against and may be satisfied from the residence of the debtor, 4839 Wilern Avenue, which they own as tenants by the entirety, as reflected by Schedule B-l, and in which they have claimed a joint exemption of $15,000 in value.

Section 101(27) includes liens obtained through voluntary judicial process in its definition of a judicial lien.

Natale v. Kirk Mortgage Co. (In Re Natale) · filed 1980-08-12(27)

We interpret that definition to include liens created by “voluntary” judicial process as well as by “involuntary” judicial process.

Section 101(38) treats a construction lien arising automatically under a statute as a statutory lien, even after a foreclosure judgment.

Sato v. Property Improvement & Supply Corp. (In Re Sato) · filed 1980-10-09(38)

Thus Property Improvement’s lien was a creature of statute and not the result of judicial action. ... As a final note, the court rejects the contention that Property Improvement’s foreclosure action transformed its initial statutory lien into a judicial lien.

Section 101(38) treats a materialman’s lien arising by statute as a statutory lien even when court action is needed to enforce it.

Evans Products Co. v. Ribeiro (In Re Ribeiro) · filed 1980-11-10(38)

However plaintiff forcibly argues that the lien is a statutory lien as defined in 11 U.S.C. Section 101(38) and is not subject to avoidance. This court agrees. ... Accordingly, this Court finds that plaintiff’s lien, created by Mass.Gen.Laws Ch. 254 is a classic materialman’s lien, not subject to avoidance under Section 522(f) of the Bankruptcy Code.

Section 101(28) requires a lien to attach to property; a contingent right to unearned insurance premiums is insufficient when no property exists for the lien to attach to.

Bragg's Electric Construction Co. v. Rebsamen Companies (In Re Bragg's Electric Construction Co.) · filed 1980-10-17(28)

In summary, premium financiers lent money to the debtors and took as their so-called security a bundle of rights that are not property.

Section 101(28) defines a lien as a charge against or interest in property, which includes a creditor’s perfected security interest in specific property.

Schulte v. Beneficial Finance of Kansas, Inc. · filed 1980-10-24(28)

As defined by 11 U.S.C. § 101(28), such a lien is a charge against or an interest in property. The creditor therefore has a lien which is an interest or right in specific property.

Section 101(27) defines a judicial lien to include a lien obtained by judgment.

Fluharty v. Fluharty (In Re Fluharty) · filed 1980-12-10(27)

A “judicial lien” is defined by the Code as a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” 11 U.S.C. § 101(27). Thus, the judgment liens held by Creditors meet the Code definition of judicial lien.

Section 101(27) defines a judicial lien as a lien obtained by judgment, levy, sequestration, or other legal or equitable process; a judgment that creates no lien under state law does not qualify.

Keane v. United Guaranty Indemnity Co. (In re Keane) · filed 1980-12-23(27)

Although Section 522(f)(1) permits the Debtor to avoid a judicial lien on any property to the extent that the property could have been exempted in the absence of the lien, ... Defendant has not obtained a judicial lien by judgment, levy or other legal or equitable process or proceeding under Iowa law that may fix on Plaintiffs’ homestead property and impair Debtors’ exemption thereby.

Section 101(27) defines a judicial lien as one obtained through legal or equitable process; a mortgage is not a judicial lien.

Great American Credit Corp. v. Tursi (In Re Tursi) · filed 1981-03-11(27)

The Code defines a judicial lien as a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” 11 U.S.C. § 101(27). A mortgage does not fall within that category.

Section 101(28) treats a security interest in a debtor’s property as a lien.

Williams v. Beneficial Finance Co. (In Re Williams) · filed 1981-01-28(28)

... obtained an interest in certain “specific property” of the plaintiff which, under federal law, is considered a lien. 11 U.S.C. § 101(28).

Section 101(28) defines a lien as a charge against or interest in property securing payment of a debt or performance of an obligation.

Chrysler Credit Corp. v. Van Nort (In Re Van Nort) · filed 1981-02-20(28)

In § 101(28) “lien” is defined to mean a “charge against or interest in property to secure payment of a debt or performance of an obligation.” 11 U.S.C. § 101(28). The interest which must be protected is therefore the interest the creditor has in the property as collateral.

Section 101(28) defines lien broadly enough to include a Louisiana vendor’s privilege.

Matter of Hughes · filed 1981-02-23(28)

The Bankruptcy Code defines the term “lien” broadly enough to encompass both the vendor’s lien and the vendor’s privilege under Louisiana law.

Section 101 classifies Connecticut mechanic’s liens as statutory liens, rather than judicial liens.

Reardon v. DeGregorio (In Re Reardon) · filed 1981-04-21(27), (38)

Such a lien is clearly within the definition of 11 U.S.C. § 101(38), and not within the definition of § 101(27).

Section 101(38) defines a statutory lien as one arising by force of statute without prior consent and excludes judicial liens and security interests.

Holt v. Pennsylvania, Department of Public Welfare (In Re Holt) · filed 1981-05-27(38)

If a lien arises by force of statute without prior consent between the parties and does not fit the definition of a judicial lien, it will be deemed a statutory lien. After examining the statutory authority for a Pa-9 Form it is clear, based on the Code definition, that the D.P.W.’s lien is not a statutory lien.

Section 101(27) treats a lien obtained by judgment as a judicial lien.

Farmers & Merchants Bank of Boones Mill v. Boyd (In Re Boyd) · filed 1981-06-16(27)

In the instant case, once the Bank docketed its judgments, their interest became that of a judgment creditor with a judicial lien.

Section 101 distinguishes a security interest created by agreement from a lien arising by statute.

In Re Crotty · filed 1981-06-09(37), (38)

A “security interest” is a lien created by agreement, 11 U.S.C. § 101(37). The Government’s lien arises not by agreement but solely by force of statute, 11 U.S.C. § 101(38). However the confirmation standard set forth in section 1325(a)(5) uses the term “secured claims,” and such term is not equivalent to a “security interest.”

Section 101(27) treats a lien obtained through a confession of judgment as a judicial lien.

Pennsylvania Department of Public Welfare v. Griggs (In Re Griggs) · filed 1981-07-07(27)

We further conclude that the lien obtained by the D.P.W. by virtue of the confession of judgment was a judicial lien, not a security interest nor a statutory lien. Section 101(27) of the Code defines “judicial lien” as a “lien obtained by judgment, levy, sequestration, or other judicial process.”

Section 101(27) defines a judicial lien to include a lien obtained by judicial process, including one created by docketing a confessed judgment.

Fisher v. Commonwealth National Bank (In Re Fisher) · filed 1981-08-13(27)

There is no question in our minds that this lien was created not by agreement, but by judicial process. The Code is clear that a lien obtained by judicial process is a judicial lien. 11 U.S.C. § 101(27) (1979). We conclude that the lien held by the Bank is a judicial lien, and therefore, subject to the debtor’s avoidance powers under the Bankruptcy Code.

Section 101(27) includes a lien obtained by confession of judgment within the definition of a judicial lien.

Jones v. McWilliams (In Re Jones) · filed 1981-09-09(27)

Judicial lien is defined, under the Code, as a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” ... Therefore, this Court finds the lien of Budd to be a judicial lien as defined by § 101(27) of the Bankruptcy Code.

A lien created by an agreed divorce property settlement is not a judicial lien merely because the decree calls it a judgment lien.

Cowan v. Cowan (In Re Scott) · filed 1981-07-27(27)

The term “judicial lien” is defined by 11 U.S.C. § 101(27): ... “ ‘judicial lien’ means lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding;” ... As previously stated, according to the testimony received at the hearing hereon, the award of the residence to Defendant and the monetary award to Plaintiff was the result of an agreement by the parties after negotiations to settle the disputed issue as to what would be a fair and equitable division of the jointly acquired property. ... It is also obvious from the words of the decree “that plaintiff shall have a judgment lien to secure the aforementioned judgment against the defendant in the amount of $8,500.00” that the interest conveyed was intended as security for the payment of money.

Section 101(38) includes liens for supplied materials and furnished labor within the definition of statutory liens.

First American Title Co. v. Design Builders, Inc. (In Re Design Builders, Inc.) · filed 1981-10-08(38)

The contested lien claims are for material supplied and labor furnished and are “statutory liens” as defined by 11 U.S.C. § 101(38).

Section 101(27)’s definition of judicial lien covers a writ of fieri facias and a garnishment summons used to enforce it.

Baum v. United Virginia Bank (In Re Baum) · filed 1981-11-23(27)

The writ of fieri facias [and the summons in garnishment as a means to effect that writ] is clearly a judicial lien. 11 U.S.C. § 101(27). Baum had properly exempted his wages under Virginia law and, therefore, may avoid the lien applied to his exempted wages by the writ of fieri facias.

Section 101(27) includes a lien obtained through a confession of judgment within the definition of a judicial lien.

In Re Galbraith · filed 1981-11-24(27)

Pursuant to those definitions, we find that the DPW lien fits within the interpretation of a judicial lien as given by the Code. We so conclude because the DPW lien is a “judgment” by confession and clearly arises through a legal process or proceeding, that is, it arises by the action of the DPW in filing the confession of judgment and by the action of the prothonotary in issuing and docketing the D.S.B. judgment. This clearly makes that lien a “judicial lien.”

Section 101(27)’s definition of a judicial lien does not exclude purchase money judicial liens.

Keating v. Central Montgomery Abstract Co. (In re Keating) · filed 1981-12-29(27)

Furthermore, the definition of a judicial lien given by the Code makes no such distinction either.

Section 101(27) includes a filed cognovit note within the definition of a judicial lien because the lien arises from the judgment.

Commonwealth National Bank v. United States · filed 1982-01-06(27)

Literally, both a filed cognovit note and a consent judgment fit within the definition of “judicial lien” in 11 U.S.C. § 101(27).

A filed Pennsylvania cognovit note creates a judicial lien because the lien arises from the judgment, even though the debtor agreed to the note.

In Re Ashe · filed 1982-02-03(27)

With either, the lien is created not by the agreement, but by the judgment. Literally, both a filed cognovit note and a consent judgment fit within the definition of "judicial lien" in 11 U.S.C. § 101(27).

Section 101 requires a security interest to arise from an agreement or a statute; a statutory right to recoup overpayments does not itself make the creditor secured.

Rowan v. Morgan (In Re Rowan) · filed 1981-12-14(35), (36), (37)

Under the Code, a security interest, such as would render a claim secured, must be created by agreement between the parties or by a statutory provision. 11 U.S.C. Sections 101(35), (36), (37), and 506(a). There is no agreement between the parties herein to create a security interest. Although 42 U.S.C. Section 404 does provide for a right of recoupment, Califano v. Yamasaki, 442 U.S. 682, 99 S.Ct. 2545, 61 L.Ed.2d 176 (1979), it does not provide for the creation of a security interest in favor of SSA. As such, SSA is not a secured creditor.

Section 101(38) classifies municipal sewer liens that arise automatically upon assessment as statutory liens, even when judicial steps are later needed to enforce them.

Taylor v. West End Federal Savings & Loan Ass'n (In Re Taylor) · filed 1982-01-29(38)

Such liens arise automatically and solely by force of statute upon specified circumstances or conditions, and are therefore within the definition of statutory liens as provided by 11 U.S.C. § 101(38).

Section 101(38) defines a materialmen’s lien as a statutory lien.

Allgeier & Dyer, Inc. v. City of Bowling Green (In Re Allgeier & Dyer, Inc.) · filed 1982-02-07(38)

It is clear that a materialmen’s lien is a statutory lien, as defined in the Bankruptcy Code. 11 U.S.C. § 101(38).

Section 101 defines a security interest as a lien created by agreement and a lien as an interest in property securing payment of a debt or performance of an obligation.

In Re Simpkins · filed 1982-02-08(28), (37)

Security interest is defined in the Bankruptcy Code as a lien created by agreement. 11 U.S.C. § 101(37). Lien is defined as a charge against or interest in property to secure payment of a debt or performance of an obligation. 11 U.S.C. § 101(28). Thus, a security interest under the Code is a charge against or interest in property created by agreement for the purpose of securing payment of a debt or performance of an obligation. The bank’s various security interests fit within that definition.

Section 101(27) defines a judicial lien to include a lien obtained by judgment.

Flege v. Akron City Hospital (In Re Flege) · filed 1982-02-17(27)

The Bankruptcy Code defines a judicial lien as a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” 11 U.S.C. Section 101(27). The liens involved here were obtained by judgment. As such, they fall within the definition of a judicial lien as set forth in 11 U.S.C. Section 101(27).

Section 101(27) covers a lien created by docketing a judgment as a judicial lien.

In Re Buckwalter · filed 1982-03-15(27)

There appears to be no question that the lien is a judicial lien within the meaning of 11 U.S.C. § 101(27) (1979).

Section 101 defines a lien obtained through a confession of judgment as a judicial lien rather than a statutory lien.

Vigne v. Equibank, N. A. (In Re Vigne) · filed 1982-03-29(27), (38)

A judicial lien is defined in the Bankruptcy Code as a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” 11 U.S.C. § 101(27). On the other hand, a statutory lien is a “lien arising solely by force of statute on specified circumstances or conditions.” 11 U.S.C. § 101(38). ... On the basis of the foregoing, the Court concludes that Equibank’s lien is judicial and avoidable to the extent that it impairs debtors’ exemption of $13,680.

Section 101(27) defines a judicial lien to include a lien created by a consent judgment.

Holyst v. Diamond International Corp. (In Re Holyst) · filed 1982-04-02(27)

A judicial lien is defined in 11 U.S.C. § 101(27) as a lien obtained by “judgment, levy, sequestration, or other legal or equitable process or proceeding.” Diamond’s lien was created by the state court judgment, not by the consent of the debtor to the judgment.