Bankr. No.:
89-40349
Chapter:
7
Date of Decision:
March 19, 1998
Issue:
Whether county's aid lien for providing public defender services survived Debtors' bankruptcy?
Ruling:
County's aid lien survived Debtors' bankruptcy. Lien could not be discharged under 11 U.S.C. § 524(a) and S.D.C.L. § 15-16-20 and could not be voided as a statutory lien under either 11 U.S.C. §§ 522(f) or 522(h). Whether the lien attaches to any post-petition (non bankruptcy) property is not within the Bankruptcy Court's jurisdiction.
Full Bankruptcy Court Decision:
