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Product ID: 387202EAU
 
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Successful Lien Avoidance and Lien Stripping in Bankruptcy

OnDemand Webinar (96 minutes)

As a general rule, liens survive a bankruptcy discharge but often creditors' liens are at risk of avoidance or of being stripped. This OnDemand Webinar will examine the various means and methods used by debtors and trustees to strip or avoid creditors' liens on real and personal property during a debtor's bankruptcy. The program will address value issues and strategy associated with protecting against debtor's avoidance powers in Chapters 7 and 13 as well as the trustee's avoidance powers including use of the strong arm provision, preferential transfers, fraudulent transfers and state law lien avoidance.

Authors

Russell D. Garrett, Bullivant Houser Bailey PC

Agenda

Nature of a Lien and the Effect of the Discharge on Liens

Debtor's Authority to Lien Strip

• Chapter 7

• Chapter 13

Trustee's Authority to Avoid and Strip Liens

• Section 544 - Trustee's Powers Over Liens, Security Interests, Priority Issues And State Law Rights

• Section 546 - Limitation Periods for Avoidance Actions and Extensions of Statutory Liens

• Section 547 - Trustee's Power to Avoid Transfers as Preferential and Exceptions

• Section 548 - Trustee's Power to Avoid Transfers/Liens as Fraudulent

• Section 550/551 - Trustee's Remedies Upon Transfer Avoidance