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11 U.S.C. § 545

Title 11 Chapter 5 Current through PL 118-3 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 545. Statutory liens

The trustee may avoid the fixing of a statutory lien on property of the debtor to the extent that such lien—

  • (1) first becomes effective against the debtor—
    • (A) when a case under this title concerning the debtor is commenced;
    • (B) when an insolvency proceeding other than under this title concerning the debtor is commenced;
    • (C) when a custodian is appointed or authorized to take or takes possession;
    • (D) when the debtor becomes insolvent;
    • (E) when the debtor’s financial condition fails to meet a specified standard; or
    • (F) at the time of an execution against property of the debtor levied at the instance of an entity other than the holder of such statutory lien;
  • (2) is not perfected or enforceable at the time of the commencement of the case against a bona fide purchaser that purchases such property at the time of the commencement of the case, whether or not such a purchaser exists, except in any case in which a purchaser is a purchaser described in section 6323 of the Internal Revenue Code of 1986, or in any other similar provision of State or local law;
  • (3) is for rent; or
  • (4) is a lien of distress for rent.

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