Creditors who have valid liens on estate property are holders of secured claims who must be satisfied "off the top" and do not share pro rata with other creditors. Consequently, the trustee, and to a lesser extent the debtor, may under certain circumstances be able to avoid a lien. The principal instance of a debtor's ability to avoid a lien is when the lien is a judicial lien or a nonpossessory, nonpurchase money security interest of a specified type impairs an exemption. See BRA s522(f). A proceeding by a debtor to avoid a lien under section 522(f) requires a court determination, but is done on motion and does not require a full-blown adversarial action. BR 4003(d).
