Brown v. United States

How later courts describe this case

• holding the § 106(c) codified the longstanding power of Congress to adversely affect state held liens in bankruptcy
• following Ashe, infra, welfare lien obtained by confessed judgment is avoidable under 522(f)(1)
• an open house is not such a deviation from the historic and traditional uses of a military base so as to create a public forum
• a panel of the Third Circuit "is not free ... to overrule a governing precedent in this circuit”
• Eleventh Amendment and sovereign-immunity defenses rejected and state welfaredepartment judgment liens avoided
• Liens for reimbursement of public assistance were determined to be judicial liens under § 101(36) of the Bankruptcy Code, because the liens were judgments, entered on confessions of judgment executed by the debtor pre-petition.
• pubhc welfare hen on real property of debtor, under a signed pubhc assistance reimbursement agreement containing confession of judgment provisions was judicial hen because the notes were not valid and enforceable until filed as judgments
• public welfare lien on real property of debtor under a signed public assistance reimbursement agreement containing confession of judgment provisions were judicial liens because the notes were not valid and enforceable until filed as judgments