6.2 Refiling Of Lien

• Jurisdiction: United States

6.2 DO TAX LIENS SURVIVE BANKRUPTCY?

At this point, we think it wise to address the conventional wisdom that liens pass through bankruptcy unaffected. As Judge Posner recently demonstrated in In re Penrod, 50 F.3d 459, 461-62 (7th Cir.1995), this "old saw" is actually far too broad, for there are many ways in which liens may be affected by bankruptcy proceedings. ... it is...