This Note argues that strict construction of section 522(f)(2) is most consistent with congressional intent. Part I discusses the congressional rationale behind lien avoidance. Part II examines present efforts to apply section 522(f)(2), and concludes that judicial interpretation to date has proved largely inadequate. Finally, Part III proposes new judicial guidelines and statutory amendments designed to standardize application of the lien avoidance provision in a manner consistent with the congressional intent behind the Reform Act.
Avoiding Liens Under the New Bankruptcy Code: Construction and Application of Section 522(f),
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol15/iss3/5