Perfection of Mechanics Liens & Other claims under Bankruptcy Stay
[Abandoning/Surrendering Property]
The general avoidance power is at 11 USC 544 . The trustee also has avoidance powers under 11 USC 547 for preferences.
“Transfer” includes a lien. See s. 101(54) after BAPCPA
Section 546 places some limitations on the power of avoidance
547(e)(2) gives 30 days to perfect by recording a sale or mortgage of real property. Same for creating UCC Interests under 547(c)(3)(B) – but UCC itself may set a shorter time for perfecting.
Authority for filing to perfect not being a violation of the stay is 362(b)(3) as interpreted in In re Construction Supervision Services
