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In re Spejcher. Hays, Trustee v. Wellborn Forrest Products, Inc., et. al., AP 06-6347, Doc. #25

Trustee moved for a default judgment on a complaint to avoid liens either as a violation of section 362 or as a preference under section 547.  According to the complaint, one of the defendants held a mechanics lien recorded during the preference period.  Held:  Motion denied as to Defendant holding mechanics lien.  Section 547(c)(6) bars avoidance of a statutory lien not avoidable under section 545, and complaint alleged no facts to show that lien was avoidable under section 545.  Mention of statutory lien in complaint eliminated need for defaulted Defendant to prove affirmative defense under section 547(g).
NOT INTENDED FOR PUBLICATION

File: 
Date: 
10/30/2006