Securing an obligation arising from the division of marital property, in part to avoid the impact of the obligor's bankruptcy, is a common practice. Its efficacy was challenged in Farrey v. Sanderfoot, 111 S.Ct. 1825 (1991), in which the obligor sought to avoid (i.e. undo) such a lien by applying one of the avoiding powers granted debtors under the federal Bankruptcy Code. We study these avoiding powers in Commentary.Avoidance of Liens in Bankruptcy.

     The court held that the lien could not be avoided, although the concurring opinion suggested that the result might turn upon the vagaries of state law. We will assume that the husband's subsequent bankruptcy would not affect the lien in this problem, but the issue is something to be researched if and when you represent a spouse seeking the same kind of protection the wife does in this problem.