From the Editor – Avoidance Actions

By The Honorable William Houston Brown (Retired)

Chapter 13 debtor had standing for avoidance of attorney’s lien on homestead. Applying § 522(h), the debtor had standing to use § 545(2) to avoid an attorney’s statutory lien against the homestead property. The attorney had represented the debtor in prebankruptcy divorce, and no objection had been filed to an exemption claim on the homestead under § 522(d)(1). Section 522(h) includes potential use of § 545, when the lien transfer was not voluntary and the trustee did not attempt avoidance. McCarthy v. Brevik Law (In . . .

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