6.6.a Debtor'S Stock In Corporation
| Jurisdiction | United States |
a. Avoidance and invalidity distinguished
In ordinary bankruptcy jargon lien avoidance is the process of extinguishing a valid lien where avoidance is permitted by the Code, while an invalid lien is not avoided but rather declared invalid pursuant to an adversary proceeding to determine the extent, priority and validity of a lien under Rule 7001(2). Held, validity or existence of a lien and avoidance of a lien are two different legal issues In re Stangel, 222 B.R. 289, 292 (Bankr. N.D. Tex. 1998).
Prior to...
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