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

Written by Adam Peck Category: Nursing Homes January 23rd, 2013 1 min read

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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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.