Avoidance of Liens in Bankruptcy pursuant to 11 U.S.C. § 522(c) - Child Support Judgment Avoidance

March 23, 2010

11 U.S.C. § 522(c) provides:

(c) Unless the case is dismissed, property exempted under this section is not liable during or after the case for any debt of the debtor that arose... before the commencement of the case, except --
(1) a debt of a kind specified in paragraph section 523(a)(1) or 523(a)(5) of this title; [or]
(2) a debt secured by a lien that is --
(A) (i) not avoided under subsection (f) or (g) of [§ 522] or under section 544, 545, 547, 548, 549, or 724(a) of this title; and
(ii) not void under section 506(d) of this title.
Section 522(f)(1)(A)(i) prohibited the avoidance of a judicial lien "that secures a debt... to a spouse, former spouse, or child of the debtor for... support of such spouse or child, in connection with a separation agreement, [or] divorce decree." 11 U.S.C. § 522(f)(1)(A)(i) (2000).

Accordingly, because liens securing child support judgments could not be avoided under § 522(f), those type of liens were not avoided or voided in this case, and any such property was not exempt from liens.

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