Judicial Lien Securing Nondischargeable Debt Can Still Be Avoided A debt can be nondischargeable and still be subject to lien avoidance, according

Judicial Lien Securing Nondischargeable Debt Can Still Be Avoided A debt can be nondischargeable and still be subject to lien avoidance, according

a recent decision out of the U.S. Bankruptcy Court for the

N.D. of Ohio. The debtors sought to avoid a judicial lien on their residence. The creditor opposed the debtor’s motion, arguing that because the underlying claim was nondischargeable, the lien could not be avoided.

The court granted the debtor’s motion. It based its decision on the fact that 11 U.S.C. § 522(f) (1) expressly makes liens securing one specific category of debts (domestic support obligations) immune to avoidance.

The court interpreted this as a strong indication that liens securing other categories of debts are not so immunized. The court concluded that matters of discharge and lien avoidance operate independently. This means that a determination of nondischargeability does not affect a lien’s avoidability.