Bankruptcy and Divorce: Avoidance of Liens Security Debts Incurred in Divorce Proceeding:
(Provided by: Divorce Source, Inc. Staff)
Section 522(f)(1) of the Bankruptcy Code provides as follows:
(1) Notwithstanding any waiver of exemptions but subject to paragraph (3), the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien isGo to: Bankruptcy and Divorce Informational Section(A) a judicial lien, other than a judicial lien that secures a debt
- to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of the court of record, determination made in accordance with state or territorial law by a governmental unit, or property settlement agreement; and
- to the extent that such debt
- is not assigned to another entity, voluntarily, by operation of law, or otherwise; and
- includes a liability designated as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance or support[.]
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