Bankr. No.:
05-41025
Chapter:
7
Date of Decision:
December 1, 2005
Issue:
Whether pursuant to 11 U.S.C. § 522(f) Debtors could avoid certain liens held by Charles Mix County, Davison County, Hyde County, Lincoln County, Minnehaha County, and Pennington County?
Ruling:
County aid liens are statutory liens and thus cannot be avoided pursuant to 11 U.S.C. § 522(f). Debtors’ motion was denied with prejudice as to the county aid liens held by Minnehaha County and Pennington County. Because Debtors did not show the liens held by Charles Mix County, Davison County, Hyde County, and Lincoln County were not also statutory liens, Debtors’ motion was denied without prejudice with respect to the liens held by those counties.
Full Bankruptcy Court Decision:
