11 U.S.C. § 101

Sections 101(27) and (28) require a judicial lien to give a creditor a charge against or interest in property through a judgment or other legal process; a judgment alone does not create a lien.

Clowney v. North Carolina National Bank (In Re Clowney) · filed 1982-04-07(27), (28)

Thus, by definition, before a “lien” can be created, a creditor must take a charge against or an interest in property. Before a “judicial lien” can be created, a judgment creditor must obtain a charge against or interest in property by judgment or other legal proceeding as provided by the applicable law.

Section 101(38) excludes a lien that requires judicial action to take effect from the definition of a statutory lien.

Hoffa v. Commonwealth, Department of Public Welfare (In Re Hoffa) · filed 1982-02-17(38)

The definition of a statutory lien provided by the Code at § 101(38) states that it arises “solely by force of statute.” ... A judicial action is necessary to bring the lien into full force and effect. For this reason, the DPW lien cannot be classified as a statutory lien.

Sections 101(28) and (38) encompass a charge on tax refunds arising by operation of law under a statutory recapture scheme as a lien and statutory lien.

Small v. County of Hennepin · filed 1982-03-15(28), (38)

The legislative actions have in fact created a statutory lien system, granting a lien within the definitions in 11 U.S.C. Sec. 101(28) and 101(38) through operation of law against such refunds in favor of the public agencies responsible for welfare payments to support dependent children.

Section 101 treats a security interest as a type of lien.

Page v. First National Bank of MaryLand (In Re Page) · filed 1982-03-30(28), (37)

Under Bankruptcy Code terminology, however, a security interest is merely a type of lien.

Section 101(28)’s definition of “lien” does not include a contractual restriction on the transfer of stock.

Jandel v. Precision Colors, Inc. (In Re Jandel) · filed 1982-04-13(28)

11 U.S.C. § 101(28) which defines “lien” to be a “charge against or interest in property to secure payment of a debt or performance of an obligation,” must be read ... The provision should not be interpreted, nevertheless, in such a manner as to warp nonbankruptcy law beyond recognition. ... There is no ascertainable Congressional intent to impose a super lien to encompass all contractual relationships.

Section 101(27) defines a judicial lien to include a lien that can be created only through judgment docketing, attachment, or other legal or equitable process.

Builders and Remodelers, Inc. v. Hanson · filed 1982-05-25(27)

Since the plaintiff failed to proceed under the mechanic’s lien statutes the claim may only be established as a lien by the judicial process of judgment docketing or attachment or some other legal or equitable process or proceeding. Thus the creation of the lien, and not merely its perfection, is impossible without such judicial action, and accordingly if the plaintiff were permitted to proceed to finality in the state court it would obtain a “judicial lien” as that term is defined in the Bankruptcy Code.

Section 101 classifies an agreement for judgment as a judicial lien, while a valid mortgage granted with it remains a separate security interest created by contract.

Lowell v. First National Bank of Cape Cod (In Re Lowell) · filed 1982-05-28(27), (28)

Under 11 U.S.C. Section 101(27) the term judicial lien is defined as “a lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding”. ... The Agreement for Judgment is a judicial lien. ... A valid mortgage is a lien, since it is a charge against or interest in property to secure payment of a debt. It is not affected by 11 U.S.C. Section 522(f) because it is a security interest and not a judicial lien and because the charge against or interest in property is created by a conveyance or contract rather than by a judgment or other legal proceeding.

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

Coffey v. Southeastern Energy, Inc. (In Re Coffey) · filed 1982-07-12(27)

A “judicial lien” is defined in the Bankruptcy Code as any “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” 11 U.S.C. § 101(27). ... Thus, Southeastern’s judicial lien may be avoided by the debtors if such lien impairs an exemption to which they are entitled.

Section 101(27) treats a lien created by service of a New Mexico writ of garnishment as a judicial lien.

Becker v. American Bank of Commerce (In Re Town & Country Color Television, Inc.) · filed 1982-08-12(27)

Accordingly, we find that service of the writ of garnishment on ABC created a lien on that account, and that for purposes of the Bankruptcy Code, it is a judicial lien.

Section 101 defines liens and security interests; once a lien is avoided, the creditor is unsecured to the extent of the avoidance.

Baldwin v. Avco Financial Services · filed 1982-08-16(28), (37)

A “security interest” is defined in the Bankruptcy Act as a “lien created by an agreement.” 11 U.S.C. § 101(37). A “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). Once a lien is avoided, by definition the party can no longer be considered to have a security interest in the property at issue and must therefore be unsecured to the extent of the avoidance.

Under § 101, a mechanic’s lien that requires a contract for goods or labor but no contractual grant of a lien is a statutory lien rather than a security interest.

Seel v. Topeka Lumber Co. (In Re Seel) · filed 1982-08-24(37), (38)

In Kansas an agreement to provide goods or labor is required under K.S.A. § 60-1101 (Supp.1981), but a contractual grant of a lien or security interest is not required in order for a contractor or subcontractor to obtain a mechanic’s lien. Thus a contractual grant of a lien is not a necessary precondition and a Kansas mechanic’s lien is a statutory lien and not a security interest under the Bankruptcy Code.

Section 101(38) covers liens that arise automatically by force of statute, including New York attorney’s liens.

In Re Thorogood · filed 1982-08-31(38)

It is clear that under New York law an attorney’s lien arises not upon agreement or judicial action, but rather automatically by force of statute and hence is statutory.

A lien that arises by force of statute remains a statutory lien even if state law requires a later filing to keep it effective.

Townsend v. South Abington Sewer Authority (In Re Townsend) · filed 1982-10-04(38)

Merely because the state ultimately requires its municipalities to file their statutory liens in order to provide notice does not deprive these statutory liens of their status as such.

Section 101(38) defines a statutory lien as one arising by force of statute; enforcing it through a court proceeding does not turn it into a judicial lien.

O'MALLEY v. Rapidan River Farm · filed 1982-11-04(38)

Rapidan’s posses-sory lien unquestionably arises solely by operation of law. See Va.Code § 43-32. See also 11 U.S.C. § 101(38) (‘statutory lien’ defined as lien arising solely by force of statute on specified circumstances or conditions ... but does not include security interest on judicial lien). Moreover, even where enforcement of a livery stable keeper’s lien, provided for by statute, contemplates effectuation through the court system, such proceedings do not transform the underlying interest into a judicial lien.

Section 101 distinguishes a judicial lien arising through legal process from a statutory lien arising automatically and solely by force of a statute.

Barbe v. Pennsylvania Department of Labor & Industry (In Re Barbe) · filed 1982-11-15(27), (38)

In conclusion, we hold that the defendant’s lien is a judicial lien because it arises out of a judicial process authorized by statute, not automatically and solely by force of the statute.

Section 101(38) does not treat a lien imposed by judgment as a statutory lien merely because a statute authorizes it.

Boyd v. Robinson (In Re Boyd) · filed 1982-12-21(38)

Robinson’s lien did not arise by force of statute but only upon the entry of judgment. As indicated in the definition, the mere fact the lien is authorized by statute does not make the lien a “statutory” lien.

Section 101(27) treats a judgment lien as a judicial lien even when filing a certificate of judgment is required to perfect it.

Ernst v. Sears, Roebuck & Co. · filed 1983-02-01(27)

Filing the certificate of judgment does not change the nature of the judgment. It remains a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” 11 U.S.C. § 101(27).

Section 101 defines a lien as an interest in property securing an obligation and includes security interests created by agreement.

Blake v. First Crown Financial Corp. · filed 1983-01-10(28), (37)

Under the bankruptcy act, a lien is a “charge against or interest in property to secure payment of a debt or performance of an obligation;” 11 U.S.C. § 101(28). That definition includes security interests which are “lien[s] created by agreement.” § 101(37).

Section 101 classifies a mortgage created by agreement as a security interest rather than a judicial lien.

Lowry v. First American Title Insurance (In re Lowry) · filed 1983-02-23(27), (37)

Since a mortgage is a security interest created by agreement, and since it is apparent that a mortgage does not fit the Bankruptcy Code’s definition of a judicial lien, it is obvious that the literal language of § 522(f)(1), allowing for the avoidance of judicial liens, does not provide for the avoidance of a mortgage.

Section 101(27) classifies a garnishment lien obtained through judicial process as a judicial lien.

Mann v. Art Britton Auction Sales, Ltd. (In Re Riverfront Food & Beverage Corp.) · filed 1983-04-21(27)

A judicial lien is defined, for purposes of the Bankruptcy Code, in 11 U.S.C. § 101(27) as a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” Granite’s garnishment lien falls squarely within the Bankruptcy Code definition of a judicial lien.

Section 101(38) defines a statutory lien as one arising solely by force of statute on specified circumstances or conditions.

Herrick v. Department of Welfare (In Re Herrick) · filed 1983-02-24(38)

... does so by statutes, coming well within the definition of a statutory lien as a “.. . lien arising solely by force of statute on specified circumstances or conditions ...” 11 U.S.C. § 101(38).

Section 101 treats a security interest in proceeds from the sale of a residence as a lien on those proceeds.

United States v. Wood (In Re Peavy) · filed 1983-02-24(28), (36), (37)

By virtue of its security interest in the proceeds from the sale of the residence, the SBA had a “lien” on the Funds at issue as of the commencement of the instant bankruptcy proceeding as that term is defined in 11 U.S.C. § 101(28), (36) and (37).

Section 101(27) does not treat a lien securing a preexisting property interest as a judicial lien merely because a court imposed it.

Boyd v. Robinson (In Re Boyd) · filed 1983-06-23(27)

The lien created by the family court is not a judicial lien as contemplated by section 101(27) of the bankruptcy code. The interest in this case is not one which was created by the imposition of the lien, but one which was created by state statutory and court made law and was effectuated by the imposition of the lien.

A Colorado attorney’s charging lien that attaches automatically by statute is a statutory lien under § 101(38), not a judicial lien under § 101(27).

Ranes v. Molen (In Re Ranes) · filed 1983-06-24(27), (38)

Therefore, it is this Court’s opinion that under 11 U.S.C. § 101, an attorney’s lien in Colorado in a “statutory” and not a “judicial” lien, which cannot be avoided by a debtor under 11 U.S.C. § 522(f).

Section 101(38) treats a lien arising solely by operation of federal statute, without court process, as a statutory lien.

Biddle v. Internal Revenue Service (In Re Biddle) · filed 1983-07-12(38)

This Court holds that the State’s lien interest is statutory in nature within the meaning of 11 U.S.C. § 101(38). The State’s interest in the Debtor’s property arises solely by operation of the federal statute.

Section 101(38) includes a hospital lien arising solely by force of a statute in its definition of a statutory lien.

Howard v. Washington Hospital Center (In Re Howard) · filed 1983-08-02(38)

Therefore, this hospital lien is a ‘statutory lien’ within the meaning of 11 U.S.C. § 101(38).

A tax lien arising automatically by statute is a statutory lien under § 101’s lien definition even if perfection requires further steps.

Franzwa v. Oregon Department of Revenue (In Re E.W. Shields, Inc.) · filed 1983-10-12(38)

The Department’s lien came into existence automatically, by force of statute. While the lien may be “inchoate until acted upon”, ... the fact that further steps must be taken to perfect the lien does not change its nature. The Department’s lien is a statutory lien.

Section 101(38) defines a statutory lien as one arising solely by force of statute, which includes an attorney’s lien arising automatically under state law.

Tauber v. Chelli & Bush, P.C. (In Re Territo) · filed 1983-12-28(38)

11 U.S.C. Section 101(38) further defines a statutory lien as “arising solely by force of a statute...” It is also clear under New York law that “an attorneys’ lien arises not upon agreement or judicial action but rather automatically by force of statute and hence is statutory.”

Section 101(28) defines a lien to include an execution creditor’s interest in a debtor’s property that secures payment of a debt.

Barr v. National Aircraft Services, Inc. (In Re Cosmopolitan Aviation Corp.) · filed 1983-11-14(28)

Section 101(28) of the Code defines lien as a “charge against or interest in property to secure payment of a debt or performance of an obligation.” It is clear that an execution creditor in New York possesses certain interests in or charges against the debtor’s property as against certain transferees and other execution creditors by virtue of sections 5202 and 5234 of the N.Y.C.P.L.R. and thus obtains a lien under § 101(28).

Under § 101, a lien entered as a judgment to carry out the parties’ agreement concerning particular property can be treated as a security interest rather than a judicial lien.

Rosen v. Alderson (In Re Rosen) · filed 1983-11-22(27), (37)

In view of that distinct characteristic and the fact that the divorce court’s judgment was a means of effectuating the will of the parties, this court finds that Alderson’s lien is more akin to a security interest than a judicial lien.

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

Elsner v. Aman Collection Service, Inc. (In Re Elsner) · filed 1983-12-19(27)

The third and final requirement is that the lien be a judicial lien. 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. § 101(27). A lien is a “charge against or interest in property to secure payment of a debt or a performance of an obligation.” 11 U.S.C. § 101(28). The plaintiffs claim that the defendants’ liens are judicial liens. The defendants do not contest this claim. The facts support the conclusion that a judicial lien is the nature of the defendants’ liens.

A judgment lien does not become a statutory lien merely because a statute implements it.

Matter of Jaxtheimer · filed 1984-01-27(39)

The lien rights arising from the Final Judgment arise solely by virtue of the terms of the judgment and the recordation thereof. To the extent that the lien rights are merely implemented by a statute, the language of subsection 39 of § 101 of the Code excludes liens arising from such implementing statutes from the definition of statutory lien.

Section 101(27) defines a judicial lien to include a lien imposed by a divorce decree.

Williams v. Williams (In Re Williams) · filed 1984-03-20(27)

There is no question here that the lien in the instant case is a judicial one as defined by § 101(27), but the question becomes whether this lien fixes on an interest of the debtor in property.

Section 101(27) treats a judgment lien as a judicial lien for purposes of bankruptcy lien avoidance.

Webb v. Robert A. Boroughs, Ltd. (In Re Webb) · filed 1984-04-17(27)

With the above in mind, it appears clear that the debtor has an interest in the $8,000.00 held by the trustee under the foreclosed deed of trust, that the exemption claimed by the debtor is an exemption available to him and has been properly claimed, that Boroughs has a judgment lien which for purposes of § 522(f) is a “judicial lien”, and that said lien impairs the debtors’ properly claimed exemption in the $8,000.00 in that if Boroughs lien did not otherwise exist the debtors would have a right to the $8,000.00 unencumbered by any lien.

Section 101(27) treats a lien created by a court judgment or equitable order as a judicial lien, even when the underlying debt arises from a contract.

Marino v. Stroehmann Bros. Co. (In re Marino) · filed 1984-05-07(27)

The Bankruptcy Code defines judicial lien as a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” 11 U.S.C. § 101(27). ... Although we recognize, as did the Rosen Court, that the judgment creditor’s lien attached not to unspecified real estate, but rather was confined to a particular piece of property, this is not alone enough to overcome a finding that the judgment created a judicial lien rather than a security interest.

Section 101(27) excludes an automatically arising maritime lien for necessaries from the definition of a judicial lien.

In Re H & S Transportation Co. · filed 1984-08-09(27)

Thus, a maritime lien created pursuant to 46 U.S.C. § 971 is not obtained by any legal or equitable process or proceeding as required under 11 U.S.C. § 101(27), but is created automatically.

Section 101(27) defines a judicial lien as one obtained through judgment or other legal process, which includes the garnishment lien at issue.

Marsh v. Heldt Lumber Co. (In Re McCoy) · filed 1984-08-27(27)

This action does not involve a “statutory lien” as suggested by defendant. 11 U.S.C. § 101(27) states that “judicial lien” means a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.”

Section 101(28) includes a levy within the definition of a lien.

Rouse v. United States (In Re Suppliers, Inc.) · filed 1984-06-04(28)

By definition, a lien includes a levy. See section 101(28) of the Bankruptcy Code, 11 U.S.C. § 101(28).

Section 101(28) defines a lien to include an interest in property that secures performance of an obligation.

Levin v. Kelton Realty, Inc. (In Re Oxford Royal Mushroom Products, Inc.) · filed 1984-06-14(28)

The Code defines a lien 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). ... Since the covenant afforded Kelton an interest in the estate’s property, and since the recordation of that interest served to secure the performance of that obligation, we hold that said recordation violated § 362(a)(4).

Section 101(38) includes a lien that arises by force of statute even if a lawsuit is needed to enforce it or establish its priority.

Stern v. Munroe (In Re Stern) · filed 1984-06-15(38)

In light of the nature of the lien under Massachusetts law, I find that the trustee’s lien for common expenses is a statutory lien as that term is defined in the Bankruptcy Code.

A lien conferred by statute and triggered by the debtor’s own lawsuit is not a judicial lien under section 101(27).

Janssen v. Washington Hospital Center (In Re Janssen) · filed 1984-09-17(27)

In the case at bar, debtor commenced the legal action which availed defendant of the lien under the District of Columbia Code. Defendant’s lien is not one which defendant obtained by legal action but one which was given by statute.

Section 101(37) includes a tax lien arising solely by force of statute within the definition of a statutory lien.

Quigley v. General Electric Co. (In Re Electric City, Inc.) · filed 1984-10-11(37)

Indeed, the county’s lien does fall within the Code definition of a “statutory lien” — a “... lien arising solely by force of a statute on specified circumstances or conditions ... 11 USC § 101(37).”

Section 101(38) includes a Louisiana vendor’s privilege within the definition of a statutory lien.

In Re Misco Supply Co. · filed 1984-10-25(38)

In its affirming opinion, the Fifth Circuit court of appeals adopted the reasoning of the district court which had concluded, inter alia, that the vendor’s privilege was a statutory lien as defined at Sec. l(29a) of the Bankruptcy Act. That determination is accepted here as being consistent with the Bankruptcy Code. 11 U.S.C. § 101(38).

Section 101(45) defines a statutory lien as one arising solely by force of statute; a Colorado attorneys’ lien fits that definition.

Bender & Treece, P.C. v. Storage Technology Corp. (In Re Storage Technology Corp.) · filed 1985-01-08(45)

Under Colorado law, an attorneys’ lien does not exist apart from the statute. 11 U.S.C. § 101 (45) defines a “statutory lien” as a ... “lien arising solely by force of statute on specified conditions or circumstances ... ”. The attorneys’ lien arises solely by force of a statute on specified conditions, ... the entitlement to the fruits of a suit or settlement accruing to the client.

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

Feldman v. Grimes (In Re Grimes) · filed 1985-01-25(27)

The Code defines “judicial lien” as a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” ... The $3,300 and $1,698.27 judgment debts thus constitute judicial liens on Debtor’s interest in the Wisconsin realty and are avoidable to the extent that they impair Debtor’s claimed exemption of $4,500 on that realty.

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

Coughlin v. Commonwealth of Pennsylvania Department of Public Welfare (In Re Coughlin) · filed 1985-04-11(28)

Section 101(28) of the Code (11 U.S.C. § 101(28)) defines "lien” as a "charge against or interest in property to secure payment of a debt or performance of an obligation[.]’’ ... The cases which the defendant cites do not support the conclusion that the reimbursement authorization constituted a lien.

Section 101(27) defines a judicial lien as one obtained by judgment, levy, sequestration, or other legal or equitable process; the court treated the recorded attachments as judicial liens.

In Re Princiotta · filed 1985-05-06(27)

A judicial lien is “a lien obtained by judgment, levy or sequestration, or other legal or equitable process or proceeding.” 11 U.S.C. § 101(27). ... The judicial liens of LaCroix, Hartke-Hanks Corporation, Hansen Electrical Supply, Inc., and Paul J. Szabo impair the debtor’s exemption and are declared avoided.

Section 101(30) includes a landlord’s lien created through a court-ordered eviction within the definition of a judicial lien.

MacLure v. Mascaro (In Re MacLure) · filed 1985-06-04(30)

Based on the foregoing discussion, we conclude that the lien on the debtors’ property falls squarely within the Code’s definition of “judicial lien,” i.e. “[a] lien obtained by judgment ... or other legal ... process or proceedings.” 11 U.S.C. § 101(30). Because the subject lien is a judicial one which impairs an exemption to which the debtors are entitled, the same may be and is hereby avoided.

Section 101(45) defines a statutory lien to include a lien arising by force of a statute when its specified conditions are met.

Wisconsin Department of Industry, Labor & Human Relations v. Ludwig (In Re Napco Graphic Arts, Inc.) · filed 1985-07-16(45)

It is clear that a lien under WIS. STATS. § 109.09(2) is a statutory lien as defined in the Bankruptcy Code. ... Thus, the creation of a lien pursuant to WIS.STAT. § 109.09(2) satisfies the Bankruptcy Code’s definition of a statutory lien.

Section 101(31) defines a lien as an interest in property securing an obligation; the lien itself imposes no obligation on the debtor.

In Re Binford · filed 1985-09-20(31)

Under Section 101(31) “lien” means a charge against or interest in property to secure payment of a debt or performance of an obligation. Hence, the lien in and of itself imposes no obligation upon the debtor.

Section 101(30) treats liens arising from docketed judgments as judicial liens.

In Re Hahn · filed 1985-08-29(30)

That the liens so obtained by First National and the Kims are “judicial liens” within the meaning of 11 U.S.C. §§ 101(30) and 522(f)(1).

Section 101(28) treats a state’s charge against a taxpayer’s refund through the child support tax offset program as a lien.

Warren v. Ohio Department of Welfare Bureau of Child Support (In Re Conley) · filed 1985-10-15(28)

Therefore, the intercept procedure grants to a state a charge against or interest in the taxpayer’s refunds. As a result a state obtains a lien against the tax overpayments within the meaning of 11 U.S.C. § 101(28) and this lien attaches on the first day following the close of the debtors’ tax year.

Section 101(30) defines a judicial lien as one obtained through a judgment or legal or equitable proceeding; a mortgage arising from the parties’ agreement is not a judicial lien.

Gugenhan v. Blue Valley National Bank (In Re Gugenhan) · filed 1985-11-14(30)

Section 101(30) defines a judicial lien as one “obtained by judgment, levy, sequestration, or other legal or equitable powers or proceeding.” Section 101(43), however, defines a security interest as a “lien created by agreement.” ... Under either legal or equitable principles, the mortgages arose by agreement. They are not judicial liens, and cannot be avoided under 11 U.S.C. § 522(f)(1).

An equitable lien imposed through an equitable proceeding and final judgment is a judicial lien under § 101(30).

In Re West · filed 1985-11-15(30)

Clearly this equitable lien which resulted from an equitable proceeding consummated in a final judgment is a “judicial lien” under the Bankruptcy Code.

Section 101(39) defines a statutory lien to include a lien arising solely by force of a statute; North Carolina’s landlord’s lien for rent meets that definition.

In re Harrell · filed 1985-11-19(39)

A statutory lien is defined in 11 U.S.C. § 101(39) (now § 101(45)) as a lien, ... Although W.R. Harrell leased 250 acres of land .to the debtors under an oral lease contract, Mr. Harrell seeks payment of his rent by enforcing the statutory landlord’s lien of N.C.GEN.STAT. § 42-15, a lien arising solely by force of a statute, and the type of lien specifically addressed in 11 U.S.C. § 545(3).

Section 101(30) defines a judicial lien to include a lien obtained through a citation proceeding.

Einoder v. Mount Greenwood Bank (In Re Einoder) · filed 1985-11-27(30)

Under § 101(30) (formerly § 101(27)), the Bankruptcy Code defines a judicial lien as a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” A citation lien is included within that broad definition.

Section 101(30) treats a judgment lien against real property as a judicial lien.

Moseley v. Milner · filed 1986-02-24(30)

When defendants subsequently filed a petition in bankruptcy, plaintiff held a judicial lien, as defined by 11 USC § 101 (30), against the real property in question.

Section 101(30) excludes an equitable lien arising from a constructive trust when the creditor’s interest in specific property existed before judicial action.

In Re Lodek · filed 1986-04-07(30)

The Court, therefore, finds that the equitable lien of Creditor pre-existed the judicial proceedings wherein the Judgment was obtained, and is not, therefore, a “lien obtained by judgment ... or other legal or equitable proceeding.” The Court thus holds that the equitable lien of $3,000 on Debtors’ homestead is not a judicial lien avoidable under § 522(f)(1).

Section 101 defines a security interest by its creation through agreement and a judicial lien by its acquisition through legal process; enforcing a consensual lien through judicial process does not change its classification.

In Re Sanders · filed 1986-04-17(30), (43)

Title 11 U.S.C. § 101(43) defines a security interest as a “lien created by an agreement.” Subsection (30) defines a judicial lien as one “obtained by judgment, levy, sequestration or other legal or equitable process or proceeding.” ... Enforcement of a consensual lien through judicial process does not convert the lien from a security interest to a judicial lien. It is the origin of the creditor’s interest rather than the means of enforcement that determines the nature of the lien.

Section 101(30) covers a judgment creditor’s lien in wages garnished under Illinois law as a judicial lien.

In Re Keinath · filed 1986-05-16(30)

A judicial lien is defined in the Code as a “charge against or interest in property to secure payment of a debt or performance of an obligation.” 11 U.S.C. § 101(30). The lien of a judgment creditor in wages garnished pursuant to Illinois statute is a judicial lien.

Section 101(30) defines a judicial lien to include a lien obtained through a judgment, levy, or other legal or equitable process; a wage attachment can qualify.

In Re Rianna · filed 1986-06-16(30)

A judicial lien is defined under the Code as a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” 11 U.S.C. § 101(30).

Section 101 defines a lien to include a security interest created by agreement.

Associates Financial Services Co. of Indiana v. Boldman · filed 1986-07-14(28), (37)

Under the bankruptcy act, a lien is a "charge against or interest in property to secure payment of a debt or performance of an obligation;" 11 U.S.C. § 101(28). That definition includes security interests which are "lienfs] created by agreement." § 101(37).

Section 101(31) defines a lien as a charge against or interest in property securing a debt or obligation; a complaint that has not gone to judgment does not create one.

In re Rivas & Rivas, Inc. · filed 1986-09-16(31)

A lien means a “charge against or interest in property to secure payment of a debt or performance of an obligation.” 11 U.S.C. § 101(31). ... The documentation attached to DiBiase’s proof of claim, a copy of a complaint filed in Superior Court of Delaware, does not establish a lien against either real or personal property. A complaint that has not gone to judgment does not create a lien; nor is there any documentation to support the creation of a consensual security interest under Delaware law.

An attachment lien is a judicial lien under § 101(30), even when state law prescribes the steps for creating it, and is not a statutory lien under § 101(45).

Coston v. Coston (In Re Coston) · filed 1986-09-23(30), (45)

Thus, creditor has a judicial lien and not a statutory lien for purposes of the Bankruptcy Code despite the fact that his lien was created by compliance with statutorily established requirements.

Section 101(30) classifies a creditor’s judgment lien as a judicial lien.

Bernstein v. Held (In Re Bernstein) · filed 1986-10-25(30)

Although no testimony was submitted as to the type, amount, and date of filing of the Dern lien, it is clear from the case record, the proceedings, and the oral representation of counsel that Dem’s is a judicial lien within the meaning of 11 U.S.C. Section 101(30).

Section 101 treats judicial liens and security interests as mutually exclusive categories.

Melita v. State Bank of Albany · filed 1986-10-09(30), (43)

Since a "judicial lien” and a "security interest” are mutually exclusive categories under the Bankruptcy Code (see, 11 USC § 101 [30], [43]), respondent properly indicated on the claim form that it had no "security interest”.

Under § 101(30), a cautionary notice entered to secure a judgment does not create a judicial lien before judgment is obtained.

Batista v. Griswold (In Re Seijo Custodio) · filed 1987-01-14(30)

Pursuant to the aforecited definition a cautionary notice is not a judicial lien because a judgment has not been obtained.

Section 101(30) defines a judicial lien as one obtained through a judgment, levy, sequestration, or other legal or equitable process; an attachment conditional on a later judgment did not give this creditor a perfected judicial lien.

PR en La Mano/La Gran Enciclopedia v. Resto Del Valle (In Re Resto Del Valle) · filed 1987-01-14(30)

Creditor Enciclopedia does not have a perfected judicial lien against debtor’s estate since a judgment in state court has not been obtained. Consequently, creditor’s claim cannot be allowed a secured status.

Section 101 treats a lien obtained by levy as a judicial lien and excludes judicial liens from the definition of statutory liens.

Matter of Veteran Plate Glass Co., Inc. · filed 1987-02-18(30), (45)

11 U.S.C. Sec. 101(45) explicitly excludes “judicial liens” from the definition of a “statutory lien.” Sec. 101(30) defines as “judicial lien” as a “lien obtained by judgment, levy, sequestration, or other legal or other equitable process of proceeding.” (emphasis added). It, thus, appears that TANDY’S interest is classified as a “judicial lien” under the Code rather than a “statutory lien.” Thus, Sec. 545 cannot be used to avoid that interest.

Section 101(32) includes a prejudgment attachment obtained through judicial process in its definition of a judicial lien, even when the attachment is transferred to sale proceeds.

In Re Austin · filed 1987-04-22(32)

The original attachment here was involuntary. The transfer of the attachment to the escrow account was a practical and expedient method of reducing the homestead to cash. It did not change the substantive nature of the Credit Union’s lien, namely, a lien obtained by judicial process. We find Credit Union’s lien is a judicial lien within the statutory definition of 11 U.S.C. § 101(32), and therefore, avoidable because it impairs an exemption.

Section 101(47) excludes security interests and judicial liens from the definition of a statutory lien.

Vega v. Asociacion Empleados del Estado Libre Asociado de Puerto Rico (In re Ortiz Vega) · filed 1987-07-08(47)

The above definition excludes security interests and judicial liens.

Section 101(31)’s definition of a lien covers a land installment contract vendor’s retained interest in the property as security for payment.

In Re Johnson · filed 1987-07-16(31)

The interest of a vendor in real property subject to a land installment contract is like that of a mortgagee or a judgment lien creditor in real property, it is a “charge against or interest in property to secure payment of a debt or performance of an obligation.” 11 U.S.C. § 101(31) (Collier 1986). ... The interest of a vendor in real estate subject to a land installment contract is sufficiently akin to a lien for the court to conclude that the contract is in the nature of a financing device.

Section 101 defines a lien as an interest in property securing an obligation and a security interest as a lien created by agreement; a guaranty that pledges no property is neither.

In Re Hemsing · filed 1987-07-17(33), (45)

The guaranty of payment is a promise to pay money, and is not “security” within the definition of the Bankruptcy Code since no property, real or personal, is pledged to secure repayment. A “security interest” is defined in 11 U.S.C. § 101(45) as a “lien created by an agreement”. A “lien” is defined in 11 U.S.C. § 101(33) as a “charge against or interest in property to secure payment of a debt or performance of an obligation”. The promise of the guarantor is not “property” and thus the guaranty is not other security within the context of the Reeves holding.

Section 101 defines statutory liens, judicial liens, and liens created by agreement as mutually exclusive categories.

In Re Challinor · filed 1987-10-19

Three categories of liens exist which are governed by 11 U.S.C. § 522(f)(2)(B). They are: (1) a statutory lien, (2) a judicial lien, and (3) a lien created by an agreement. 11 U.S.C. § 101(30), (43) and (45). The three categories are mutually exclusive.

Section 101(33) defines “lien” broadly enough to include liens created by statute.

Blakey v. Pierce (In Re Blakey) · filed 1987-10-16(33)

Like Chief Judge Cosetti of the Western District of Pennsylvania, in In re Tanner, 14 B.R. 933, 935-37 (Bankr.W.D.Pa.1981), we observe that the Code definition of “lien,” now set forth in 11 U.S.C. § 101(33), is very broad. Like Collier, we believe that, as used in 11 U.S.C. § 506(a), the term applies “whether the lien was created by agreement, statute or judicial process.”

Section 101(47) defines a statutory lien to include a Louisiana lessor’s privilege on a lessee’s movable effects on leased property.

Investors/Country Club Plaza Ltd. Partnership 1984-A v. Rodriguez (In Re Brittain) · filed 1987-12-18(47)

A “statutory lien” in bankruptcy is one “arising solely by force of a statute on specified circumstances or conditions, or lien of distress for rent, whether or not statutory ...” 11 U.S.C. Sec. 101(47). ... A Louisiana lessor’s privilege on the lessee’s movable effects on leased property, La.Civ. Code arts. 2705 and 3218, is recognized as a statutory lien in bankruptcy.

A lien under § 101(33) is an interest in property and falls within § 1327(c)’s reference to a creditor’s interest in property.

Thomas v. Southtrust Bank of Alabama, N.A. (In Re Thomas) · filed 1988-05-16(33)

Thus, when "lien” is defined to mean an interest in property, and section 1327(c) provides that property vests in the debtor “free and clear of any claim or interest of any creditor,” it requires an intrepid, if not imprudent, statutory construction to exclude "liens” from the reach of these provisions.

Section 101(47) treats a water and sewer lien that arises regardless of proper filing as a statutory lien.

In Re Aikens · filed 1988-06-16(47)

We find that the water and sewer lien in issue is a “statutory lien” as opposed to a “judicial lien,” because the lien arises irrespective of its proper filing, and hence we decline to disturb the secured status asserted as to that portion of the City’s claim in question.

A mechanics’ lien that arises without judicial action is a statutory lien, not a judicial lien, under § 101.

In Re Ramsey · filed 1988-07-27(32), (47)

The lien is a statutory lien, and not a judicial lien, because no judicial action was necessary for its creation.

Section 101(47)'s definition of statutory lien covers hospital liens created under Minnesota law.

St. Mary's Medical Center v. Nelson (In Re Nelson) · filed 1988-11-17(47)

The liens were plainly "statutory liens” as defined under 11 U.S.C. § 101(47) and, hence were not avoidable under either § 522(f)(1) or § 522(f)(2).

Section 101(47) excludes a lien that requires a judicial order from the definition of a statutory lien, even when a statute provides for the lien.

Bowen, Smoot & Laughlin v. Plumlee (In Re Plumlee) · filed 1989-01-11(47)

However, under the South Carolina statute, Section 20-3-145, the lien does not arise absent a judicial proceeding which culminates in a court order — it is not effectuated simultaneously with the creation of the attorney/client relationship. Hence, it does not arise “solely by force of a statute on specified circumstances or conditions,” as required by § 101(47).

Section 101(47) does not treat a lien obtained through mortgage foreclosure and receivership as a statutory lien merely because those proceedings use statutory procedures.

Plihal v. First National Bank of Wahoo (In Re Plihal) · filed 1989-02-21(47)

The fact that a mortgage foreclosure proceeding and a receivership proceeding are authorized by and implemented by the use of a statutory procedure does not make the lien created by the institution of such action a statutory lien.

Section 101(47) defines a statutory lien to include an unperfected tax lien that arises solely by force of statute.

In Re Miller · filed 1989-03-30(47)

An unperfected tax lien is a statutory lien as defined by 11 U.S.C. § 101(47) because it is a lien which arises “solely by force of a statute on specified circumstances or conditions” and is not based upon an agreement to give a lien or upon judicial action.

A lien that arises automatically under a statute is a statutory lien even if judicial action may later be needed to enforce it.

In Re Whitford · filed 1989-07-13(47)

Thus, his lien arose and attached automatically — without judicial process — upon his compliance with Illinois’ statutory scheme for perfection of an attorney’s lien. That the statutory scheme contemplates ultimate enforcement of the lien through judicial action does not compel a finding that the lien is judicial in nature.

Section 101 defines a claim to include secured and unsecured rights to payment and a lien as an interest in property securing a debt or obligation; a lien requires an underlying claim.

Doty v. Security Trust & Savings Bank (In Re Doty) · filed 1989-08-22(4), (33)

However, whereas a “claim” is broadly defined by 11 U.S.C. section 101(4) and contemplates both secured and unsecured rights to payment, section 101(33) limits a “lien” to a “charge against or interest in property to secure payment of a debt or performance of an obligation”. A claim may exist without a lien but a lien can not exist without a claim.

Section 101(47) defines a statutory lien as one arising solely by force of a statute upon specified circumstances or conditions; bonds may be part of those circumstances without making the lien contractual.

Badger Mountain Irrigation District Secured Bondholders' Committee v. Badger Mountain Irrigation District (In re Badger · filed 1989-09-14(47)

The bankruptcy court concluded that the Bondholders’ lien was statutory, citing 11 U.S.C. § 101(47) (Supp. V 1987), which defines a statutory lien as a "lien arising solely by force of a statute on specified circumstances or conditions.” This finding is not disputed by the parties. We agree that the irrigation district statute itself creates the lien, which is not dependent upon any agreement of the parties. The bonds themselves simply constitute part of the “specified circumstances or conditions.”

Section 101(47) defines a statutory lien as one arising by force of statute.

Drewes v. Carter (In Re Woods Farmers Co-Operative Elevator Co.) · filed 1989-10-20(47)

Since the lien created by 60-02-25.1 arises by force of statute it is a statutory lien within the definition of the Bankruptcy Code.

Section 101(47) treats a lien as statutory when the statute creates it and bonds merely supply the specified circumstances or conditions.

In re BADGER MOUNTAIN IRRIGATION DISTRICT · filed 1989-12-06(47)

The bankruptcy court concluded that the Bondholders' lien was statutory, citing 11 U.S.C. Sec. 101(47) (Supp. V 1987), which defines a statutory lien as a "lien arising solely by force of a statute on specified circumstances or conditions." This finding is not disputed by the parties. We agree that the irrigation district statute itself creates the lien, which is not dependent upon any agreement of the parties. The bonds themselves simply constitute part of the "specified circumstances or conditions."

Section 101(47) does not treat a seaman's wage lien as a statutory lien merely because maritime lien rights have been codified.

UNITED STATES of America v. CHANDON · filed 1989-11-06(47)

The United States argues that "consensual maritime liens such as wages of crew are statutorily codified liens, the latter of which are expressly included within the Code's definition of lien. 11 U.S.C. Sec. 101(47)." Brief of Appellee at 13. We disagree. A seaman's lien for wages existed under maritime law long before Congress enacted the Bankruptcy Act.

Section 101(47)’s definition of a statutory lien does not include a seaman’s wage lien that arose under maritime law before the Bankruptcy Act.

United States v. Chandon · filed 1989-11-06(47)

The United States argues that “consensual maritime liens such as wages of crew are statutorily codified liens, the latter of which are expressly included within the Code’s definition of lien. 11 U.S.C. § 101(47).” Brief of Appellee at 13. We disagree. A seaman’s lien for wages existed under maritime law long before Congress enacted the Bankruptcy Act.

Section 101(47) classifies a tax lien arising by force of statute upon nonpayment as a statutory lien.

Frost v. County of Santa Barbara (In Re Frost) · filed 1990-01-23(47)

The County is correct when it points out the subject tax liens come within the Code’s definition of “statutory lien”.

Section 101(47) treats a mechanics’ lien as a statutory lien because it arises automatically by operation of law.

In Re Jennison-Wright Corp. · filed 1990-02-09(47)

By definition, a statutory lien is one which arises automatically by operation of law. A mechanics’ lien is a form of statutory lien.

Section 101(47) treats a Vermont contractor’s lien as a statutory lien even when perfection requires a state court writ of attachment.

Town of Colchester v. Hinesburg Sand & Gravel, Inc. (In Re APC Construction, Inc.) · filed 1990-03-13(47)

We reject the Trustee’s position that the mere possibility of post-petition resort to the State Courts for a writ of attachment for perfection of the contractors’ lien alters its status as a statutory lien.

Section 101(47) defines a statutory lien as one arising by force of statute without prior consent between the parties and unavailable to other creditors through judicial means.

Claussen v. Brookings County (In Re Claussen) · filed 1990-09-26(47)

A lien arising by force of statute, without prior consent between the parties and not obtainable through judicial means by other creditors, is a statutory lien. ... South Dakota’s indigent medical services lien is a statutory lien.

Section 101(47) defines a statutory lien as one arising solely by force of a statute upon specified circumstances or conditions.

In Re California Wholesale Electric Co. · filed 1990-11-01(47)

Bankruptcy Code, § 101(47) defines statutory liens. It reads in pertinent part: “statutory lien means lien arising solely by force of a statute on specified circumstances or conditions.... ” Clearly § 24049’s lien fits within this definition as it arises (1) solely by force of § 24049 itself and (2) upon the non-payment of certain taxes.

Section 101(47) defines a statutory lien as one that arises automatically by operation of law, including a mechanics’ lien.

In Re U.S. Electric, Inc. · filed 1990-11-29(47)

Pursuant to the Bankruptcy Code, a statutory lien, such as a mechanics’ lien, is one which arises automatically by operation of law.

Section 101(33) defines a lien broadly enough to include an inchoate lien.

In Re Somero · filed 1991-01-07(33)

Title 11 U.S.C. § 101(33) defines “lien” as a “charge against or interest in property to secure payment of a debt or performance of an obligation.” The definition is purposefully broad, and lien is defined, per legislative history, to include “inchoate liens.”

Section 101 classifies a federal tax lien that arises upon assessment as a statutory lien, not a judicial lien.

Rench v. United States, Internal Revenue Service (In Re Rench) · filed 1991-03-21(27), (47)

A “judicial lien” is defined in the Bankruptcy Code as one “obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” 11 U.S.C. § 101(27). The tax lien was not obtained by levy, or by any legal or equitable process or proceeding; because it arises at the time assessment is made for tax liability, it is not a judicial lien. ... Thus, it is a “statutory lien”, defined in the Bankruptcy Code as one “arising solely by force of statute on specified circumstances or conditions....” 11 U.S.C. § 101(47) (1988).

Section 101(47) defines a statutory lien to include a tax lien that arises automatically by operation of law rather than by agreement.

Sorenson v. Board of County Commissioners (In Re Knights Athletic Goods, Inc.) · filed 1991-06-05(47)

The court concludes that the County’s lien arising under K.S.A. 79-2020 is, by definition, a “statutory lien” within the meaning of the Bankruptcy Code. The tax lien arose automatically and was not based upon an agreement to give a lien.

Section 101(36)'s reference to legal or equitable process covers an agreed bankruptcy court order granting a perfected lien.

Bankr. L. Rep. P 74,068 Richard P. Small, D/B/A Rps Mouldings v. Beverly Bank, an Illinois Banking Corporation · filed 1991-07-09(36)

A perfected lien may be created by “judgment, levy, sequestration, or other legal or equitable process or proceeding.” 11 U.S.C. § 101(36). The Agreed Order granting the Bank a “valid, perfected, and enforceable” lien fills the bill.

Section 101(33) defines “lien” broadly enough to include inchoate liens.

Sears Savings Bank v. Tucson Industrial Partners (In Re Tucson Industrial Partners) · filed 1991-07-17(33)

In any event, section 101(33), which defines the term “lien” broadly, has eliminated the distinction between choate and inchoate liens.

Section 101(37) defines a lien to include an interest in property that secures payment of a debt, even if the parties call it an absolute assignment.

Foundry of Barrington Partnership v. Barrett (In Re Foundry of Barrington Partnership) · filed 1991-07-24(37)

A lien is a “charge against or interest in property to secure payment of a debt or performance of an obligation.” 11 U.S.C. § 101(37). The assignment of rents gave Prudential an interest in the rents and underlying leases. ... It’s still a lien, and the rent is still the Debtor’s property, subject to that lien.

Section 101(47) treats a lien arising by force of statute rather than by agreement as a statutory lien, not a security interest.

Energy Cooperative, Inc. v. Cities Service Co. (In Re Energy Cooperative, Inc.) · filed 1991-07-22(47)

As Cities’ warehouseman’s lien arose by statute and not by agreement it is not a security interest.

Section 101(47) treats a contractor’s lien that arises by statute as a statutory lien even when judicial process is required to perfect it.

Glinka v. Hinesburg Sand & Gravel, Inc. (In Re APC Construction, Inc.) · filed 1991-09-10(47)

I agree with the Bankruptcy Court that the mere fact that Vermont’s statutory lien scheme requires resort to the judicial process — namely, a writ of attachment — to perfect the lien does not convert the statutory lien into a judicial lien.

Section 101(33) defines a lien broadly enough to include an inchoate interest in rents before the mortgagee takes possession.

In Re Northport Marina Associates · filed 1992-02-05(33)

A “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(33). Therefore, even if a lien for rent is inchoate because no action has been taken pre-petition to obtain possession, it still qualifies as a lien and therefore as a security interest entitled to protection under 11 U.S.C. § 363.

Section 101(33) defines a lien as an interest in property securing an obligation; a settlement agreement alone does not create one.

Nelson Company v. Counsel for the Official Committee of Unsecured Creditors · filed 1992-03-26(33)

The agreement, by itself, does not have the force of law as a lien, i.e., the sheriff cannot execute a judgment based on the agreement.

Section 101(33) defines a lien as a charge against or interest in property securing payment of a debt or performance of an obligation; a settlement agreement alone does not create one.

Nelson Co. v. Counsel for Official Committee of Unsecured Creditors (In re Nelson Co.) · filed 1992-03-26(33)

The agreement, by itself, does not have the force of law as a lien, i.e., the sheriff cannot execute a judgment based on the agreement. See 11 U.S.C. § 101(33) “ ‘lien’ means charge against or interest in property to secure a payment of debt or performance of an obligation.”

Section 101(53) treats warehouseman's liens arising under the UCC as statutory liens.

Western Cotton Services Corp. v. Marlow (In Re Julien Co.) · filed 1992-03-05(53)

Clearly, under 11 U.S.C. § 101(53) the UCC based liens are statutory liens.

Section 101(37) defines a lien as an interest in property securing a debt; payment of the allowed secured claim satisfies the lien to the extent paid.

Union Mortgage Co. v. Avret (In Re Avret) · filed 1992-10-06(37)

A lien is defined as a “charge against or interest in property to secure payment of a debt_” 11 U.S.C. § 101(37). A debt is defined as “liability on a claim.” 11 U.S.C. § 101(12). Therefore, once the liability on the allowed secured claim has been paid the liability of the debtor is satisfied to the extent of payment and, the lien, to the extent that it secures the payment of the allowed secured claim, is satisfied.

Section 101(53) includes tax liens arising by operation of law within the definition of a statutory lien.

In re McConnaughey · filed 1992-11-03(53)

“Tax liens are ... included in the definition of statutory lien.” ... As a result, even if the county’s claim for real estate taxes became effective as a lien during the ninety-day period preceding the debtors’ second bankruptcy filing, § 547(e)(6) excepts the lien from avoidance as a preferential transfer.

A mechanic’s lien arising under a statute is a statutory lien, and a judgment enforcing it does not turn it into a judicial lien.

Koski v. Seattle First National Bank (In Re Koski) · filed 1992-12-08(53)

A mechanic’s lien is therefore a statutory lien, and not subject to the avoidance provisions of section 522(f).

Section 101 distinguishes judicial liens obtained through legal process from statutory liens arising by force of statute; administrative calculation and docketing of a municipal water lien do not make it judicial.

Jay Graffen Cass Graffen v. City of Philadelphia, Jay & Cass Graffen · filed 1992-12-28(36), (53)

A judicial lien is “obtained by judgment, levy, sequestration or other legal or equitable process or proceeding.” 11 U.S.C. § 101(36). But there was no legal process or proceeding in this case. ... By contrast a statutory lien arises “solely by force of statute on specified circumstances or conditions.” 11 U.S.C. § 101(53). We are satisfied that the lien here arose “solely by force of statute” as “Pennsylvania state law authorizes the City of Philadelphia to impose liens against property benefited by unpaid water and sewer service.”

Section 101(37) covers a recorded agreement that charges property to secure performance of an obligation as a lien.

Brandt v. 440 Associates (In re Southeast Banking Corp.) · filed 1993-02-22(37)

The recordation of Agreements 1 and 2 created liens under Section 101(37), 11 U.S.C. § 101(37) of the Bankruptcy Code, which defines lien as a “charge against or interest in property to secure payment of a debt or performance of an obligation.”

Section 101(53) defines a statutory lien as one arising solely by force of statute upon specified circumstances or conditions; federal tax liens fall within that definition.

Ducote v. United States, Department of the Treasury, Internal Revenue Service (In Re De La Vergne) · filed 1993-03-16(53)

A statutory lien is defined by 11 U.S.C. § 101(53) as “[a] lien arising solely by force of a statute on specified circumstances or conditions, ...”. Federal tax liens are statutory liens within the meaning of Section 545.

Mechanic’s liens are statutory liens under § 101(53).

Vaughan v. Fisher (In Re B.J. Packing, Inc.) · filed 1993-07-29(53)

By definition, mechanic’s liens are statutory liens. See 11 U.S.C. § 101(53).

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

Dairy Fresh Foods, Inc. v. Ramette (In re Country Club Market, Inc.) · filed 1993-12-29(53)

A statutory lien is a lien arising “solely by force of a statute on specified circumstances or conditions.” 11 U.S.C. § 101(53). Minn.Stat. § 27.138 creates such a statutory lien.

Section 101(53) defines a mechanic’s lien as a statutory lien.

Souers v. Nevada Ready Mix (In Re Souers) · filed 1994-01-31(53)

The Court finds that a mechanic’s Ken is a statutory Ken within the meaning of 11 U.S.C. § 101(53).

Section 101 defines a lien as an interest in property securing payment of a debt or performance of an obligation.

Matter of Penrod · filed 1994-03-03(31)

This court notes that, although “interest” is not defined to mean a lien, “lien” is specifically defined to mean “interest.” See 11 U.S.C. § 101(31). ... The definition of the term “lien” coupled with the many instances under the Code in which the term “interest” is used coextensively with the term “lien” persuade this court that § 1141(c) does, in fact, cover liens.

Section 101(53) defines a statutory lien as one arising solely by force of statute; IRS tax liens qualify.

Fandre v. District Director, Dallas District, Internal Revenue Service (In Re Fandre) · filed 1994-05-10(53)

IRS tax liens are statutory liens. By definition, a statutory lien is a “lien arising solely by force of a statute on specified circumstances or conditions ...” 11 U.S.C. § 101(53); ... This Court must conclude that the IRS tax liens arose by virtue of 26 U.S.C. § 6322 to become inchoate liens at the time of the assessment for the 1988 and 1991 tax years.

Section 101(53)’s definition of statutory lien does not include a statutory trust created by Minnesota’s Wholesale Produce Dealers Act.

Dairy Fresh Foods, Inc. v. Ramette (In Re Country Club Market, Inc.) · filed 1994-06-27(53)

The trust is not a statutory lien within the meaning of 11 U.S.C. § 101(53) which can be avoided under 11 U.S.C. § 545(2).

Section 101(53) defines a statutory lien as one arising by force of statute, including a mechanic's lien, rather than by agreement or judicial action.

In Re Lionel Corporation · filed 1994-07-12(53)

The Code thus contemplates that liens created consensually (such as mortgage liens or UCC security interests) or by judicial action (such as judgment liens, attachments, equitable liens or levies) are not "statutory liens," while liens that come into being as a result of statutory operation, without consent or judicial action, are "statutory liens." Given this scheme, we believe that mechanic's liens qualify as statutory liens.

Section 101(53) includes mechanic’s liens that arise by operation of statute within the definition of statutory liens.

Klein v. Civale & Trovato, Inc. · filed 1994-07-12(53)

Given this scheme, we beheve that mechanic’s hens qualify as statutory hens.

Section 101(53) treats an attorney’s lien created by Montana statute as a statutory lien that cannot be avoided as a judicial lien.

In Re O'Connell · filed 1994-07-25(53)

For the reasons explained above, I conclude Montana’s attorney lien statute Section 37-61 — 420 creates a statutory lien as that term is defined in § 101(53) of the Bankruptcy Code which cannot be avoided under § 522(f)(1).

Section 101(37) defines a lien as an interest in property securing payment of a debt or performance of an obligation; mortgages encumbering the debtor’s property qualify.

In re Supermercados Cooperativos Del Este · filed 1994-08-18(37)

A hen is a “charge against or interest in property to secure payment of a debt or performance of an obligation.” 11 U.S.C. § 101(37) (1990). ... The mortgages encumbering both lots are hens for bankruptcy purposes and the trustee cannot deposit sale proceeds until the henholders are fully paid.

Section 101(37) includes a creditor’s interest that can attach to property later, even if it cannot be enforced against the property now.

Massie v. Yamrose · filed 1994-08-25(37)

Because Appellee’s interest could attach to the property at some later date, it is a "charge against or interest in property” held by Appellant.

Section 101(37) defines a lien broadly enough to include an interest created by a real property mortgage.

Great-West Life & Annuity Assurance Co. v. Parke Imperial Canton, Ltd. · filed 1994-09-23(37)

The Revision Notes and Legislative Reports of the 1978 Bankruptcy Code make clear that the definition of “lien” is “very broad;” and a “security interest” as defined by federal law is broader than the same terms used in the Uniform Commercial Code, article IX (“UCC, Article 9”) and includes such interests as those created by real property mortgages.

Section 101(37) defines a lien as an interest in property securing payment or performance; when foreclosure extinguishes that interest, the creditor no longer has a lien.

In Re McKinney · filed 1994-10-03(37)

Section 101(37) of the Code defines a hen as a “charge against or interest in property to secure payment of a debt or performance of an obligation.” In this ease, the foreclosure sale extinguished the hen and, thus, the secured claim of Jim Walter Homes, Inc. under Alabama law.

Section 101(53) treats a tax lien arising under the circumstances specified by state statute as a statutory lien.

Wernimont v. Iowa Department of Revenue (In Re Wernimont) · filed 1994-12-16(53)

IDOR’s tax liens are statutory liens because they arose under the circumstances provided in Iowa Code § 422.26. 11 U.S.C. § 101(53).

Section 101(53)'s definition of a statutory lien includes federal tax liens.

In Re Elmer Walter Dorla Walter, Debtors. United States of America v. John J. Hunter, Trustee · filed 1995-02-03(53)

A federal tax lien under Internal Revenue Code § 6321 is a statutory lien subject to avoidance.

Section 101(37) defines a lien as an interest in property that secures a debt; the lien cannot remain on collateral for a claim that has been bifurcated and modified.

In Re Flowers · filed 1994-12-19(37)

The bankruptcy code, however, defines “lien” to mean “charge against or interest in property to secure payment of a debt....” § 101(37). A lien is therefore directly related to the debt it secures. It cannot, consistent with this definition, “remain on the automobile, unaffected by bifurcation and modification of its claim.”

A lis pendens notice indicating a creditor’s interest in property constitutes a lien under § 101(37).

Butler v. Grimminger (In Re Carlson) · filed 1995-01-11(37)

The lis pendens notice, indicating the interest of the Grimmingers in the subject property, constituted a “lien” for purposes of § 101(37).

Section 101 defines a lien as an interest in property and a security interest as a lien created by an agreement.

In re Penrod · filed 1995-03-22(37), (51)

The term "interest" is not defined in the Code, but a lien is defined as an interest in property, 11 U.S.C. Sec. 101(37), and there is no doubt that a security interest is an interest, and it is defined as a "lien created by an agreement." 11 U.S.C. Sec. 101(51). So section 1141(c) must cover liens, In re Arctic Enterprises, Inc., 68 B.R. 71, 79 (D.Minn.1986), and must mean, therefore, that unless the plan of reorganization, or the order confirming the plan, says that a lien is preserved, it is extinguished by the confirmation.

Section 101(51) defines a security interest as a lien created by agreement, including a contractual interest in a cash deposit securing rent.

Southern Technical College v. Graham Properties Partnership (In Re Southern Technical College, Inc.) · filed 1995-04-13(51)

The lease expressly provides for Graham to hold a “security interest” in the form of cash to secure payment of rents. Under the Bankruptcy Code, a security interest is “a lien created by an agreement.” 11 U.S.C. § 101(51). Accordingly, Graham holds a security interest within the meaning of section 547(c)(4).

Section 101(37) defines a lien as an interest in property securing payment of a debt or performance of an obligation; a divorce judgment that merely transfers ownership creates no lien.

Suarez v. United States (In Re Suarez) · filed 1995-04-17(37)

A “lien” is a charge against or interest in property to secure payment of a debt or performance of an obligation. 11 U.S.C. § 101(37). ... The Final Judgment does not give Debtor a charge against or interest in property to “secure payment of a debt or performance of an obligation.” ... Therefore, as a matter of law, the Final Order and Final Judgment on All Economic Issues did not create a “lien” at all.

A statutory lien can arise by operation of law when specified conditions occur, even if the debtor chooses whether and what to pledge.

Alliance Capital Management L.P. v. County of Orange (In Re County of Orange) · filed 1995-07-12(53)

The fact the County has the choice of whether to pledge and what to pledge does not undermine the statutory source of the lien. This potential was foreseen in 11 U.S.C. section 101(53)’s definition of a statutory lien as a “lien arising solely by force of a statute on specified circumstances or conditions ...” (emphasis added). Here, the circumstances specified in the statute were met: the County decided to pledge, and what to pledge. The specified circumstances having occurred, the lien arose by operation of law.

An Ohio certificate-of-judgment lien qualifies as a judicial lien under § 101(36), rather than a statutory lien under § 101(53), even though a statute makes it effective.

In Re Lynch · filed 1995-08-22(36), (53)

However, the lien does not qualify as a statutory lien under the Bankruptcy Code. 11 U.S.C. § 101(53); it does qualify as a judicial lien as defined by 11 U.S.C. § 101(36), which is made fully effective by statute.

Section 101(53)’s definition of a statutory lien covers a federal tax lien.

United States v. Battley (In Re Berg) · filed 1995-10-30(53)

A federal tax lien is a statutory lien. 11 U.S.C. § 101(53).

Section 101(37) defines a lien broadly enough to include a tax purchaser’s interest in property under a tax certificate.

In Re Stewart · filed 1996-01-12(37)

This Court agrees with the District Court in Winters. ... Section 101(37) of the Bankruptcy Code, 11 U.S.C. § 101(37) broadly defines “lien” to mean: ... “lien” means charge against or interest in property to secure payment of a debt or performance of an obligation. ... This right is a charge upon the property for payment of the debt represented by the taxes and, thus, constitutes a lien on the property in favor of the tax purchaser.

Section 101(53)'s definition of a statutory lien includes federal tax liens.

Internal Revenue Service v. Diperna · filed 1996-02-24(53)

Federal tax hens, which arise pursuant to 26 U.S.C. §§ 6321 ... and 6322, ... are statutory hens within the meaning of the Bankruptcy Code, ... see also 11 U.S.C. § 101(53), thus, they are subject to avoidance.

Section 101(53) treats a lien that arises automatically by statute as a statutory lien even if later judicial action perfects or enforces it.

In Re Wiltcher · filed 1996-05-03(53)

The Court agrees with the foregoing authority that under the Bankruptcy Code, where a hen comes into existence automatically by virtue of a statute, subsequent judicial action which may be required to perfect, liquidate or enforce the hen does not change the nature of the hen from a statutory hen to a judicial hen.

Section 101(37) defines a lien as an interest in property that secures payment or performance; recording a true lease does not make it a lien.

In Re Taylor · filed 1996-05-03(37)

Section 101(37) defines a “lien” as a “charge against or interest in property to secure payment of a debt or performance of an obligation.” ... The contracts in issue in this case are true leases and not security agreements. ... The leases, despite being recorded, do not provide the lessees with collateral or an independent source of payment to be used in case of the failure in the principal obhgation to pay or perform.

Section 101(53) classifies federal tax liens as statutory liens subject to a trustee’s avoidance powers under section 545.

Bakst v. Lifestyle Tree Maintenance Landscape Service, Inc. (In Re HDI Partners) · filed 1996-11-07(53)

Federal tax liens are statutory Kens and are subject to the Trustee’s strong arm powers under § 545. 11 U.S.C. § 101(53).

Section 101(53)’s definition of a statutory lien includes a duly perfected mechanics’ lien under Illinois law.

In Re Petroleum Piping Contractors, Inc. · filed 1997-02-28(53)

A duly perfected mechanics’ lien pursuant to the Illinois Mechanics’ Lien Statute, is a “statutory lien” as defined by the Bankruptcy Code.

Section 101(37) defines a lien to include both consensual and judgment liens.

Zeigler Engineering Sales, Inc. v. Cozad (In Re Cozad) · filed 1997-05-02(37)

A “lien” is a “charge against interest in property to secure payment of the debt or performance of an obligation.” 11 U.S.C. § 101(37). Clearly, this includes both consensual and judgment liens.

Section 101(37) defines a lien as a charge against or interest in property; state law determines whether that charge or interest exists.

Pepper v. Public Service Employees Credit Union (In Re Pepper) · filed 1997-06-27(37)

The question of whether a “lien” becomes a “charge against or an interest in property” is answered by state law. Once a hen is determined to be a “hen” within the meaning of 101(37), then the question of whether a hen impairs an exemption is answered by federal law.

Section 101(53) defines a statutory lien as one arising solely by force of statute; a child-support lien based on prior judicial action is a judicial lien.

In Re Christie · filed 1998-02-03(53)

However, there is no indication that this lien “arises solely by force of statute on specified circumstances or conditions.” 11 U.S.C. § 101(53). ... In sum, MCDSS’ lien is judicial because the Family Court, not a statute, determines the amount of the lien and arrearages.

Section 101(53) includes a lien that arises by force of statute when specified conditions occur, even if an agency must file a document to create it.

Braxton v. Bureau of Unemployment Compensation Benefits & Allowances (In Re Braxton) · filed 1998-09-10(53)

The words “on specified circumstances-or conditions” cannot be ignored. Thus, a “statutory hen” need not arise solely from the statute; it arises on specific circumstances. In the ease before us, the hen arises when BUC files a paper with the Prothonotary.

Section 101(53) treats a landlord’s rent lien that arises automatically by statute as a statutory lien; a later order confirming the sale does not change its character.

In Re a & R Wholesale Distrib., Inc. · filed 1999-02-09(53)

The Code defines a statutory hen as a “hen arising solely by force of statute on specified circumstances or conditions, or hen of distress for rent, whether or not statutory, but does not include security interest or judicial hen, whether or not such interest or hen is provided by or is dependent on statute and whether or not such interest or hen is made fully effective by statute.” 11 U.S.C. § 101(53). ... Therefore, this court holds that Jamco’s lien is a statutory lien, hence subject to avoidance by the Trustee pursuant to § 545 of the Code.

A federal tax lien is a statutory lien under § 101(53).

Kohout v. United States of America Department of the Treasury-Internal Revenue Service (In re Kohout) · filed 1999-02-11(53)

A federal lax lien is a statutory lien. 11 U.S.C. § 101(53).

Section 101 defines a security interest as a lien created by agreement and a judicial lien as one obtained through a judgment or other legal process; a foreclosure judgment can create a judicial lien while the original security interest remains in place.

In re Bookout · filed 1999-03-18(36), (51)

The Bankruptcy Code defines a security interest as a “lien created by an agreement.” 11 U.S.C. § 101(51). A judicial lien is defined as a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” 11 U.S.C. § 101(36). In this case a judicial lien in the Debtors’ principal residence is created under state law because of the entry of the personal judgment against the Debtors. However, this lien is superfluous because the decree also affirmed the existing first security interest in favor of the Bank and ordered that security interest foreclosed.