Case Summary:
Chippewa County judgment docketed against property of debtors in Williams County, North Dakota, within 90 days of debtors' bankruptcy filing constitutes a "transfer" of property of the debtor for purposes of preference determination pursuant to 11 U.S.C. § 547(b).  Docketing of judgment creates a lien under North Dakota law.  "Transfer" is broadly defined under 11 U.S.C. § 101(54); case precedent supports finding that a docketing constitutes a "transfer" for preference purposes.  Other elements of preference are present here as well.

Trustee did not waive his right to challenge creditor's lien by signing stipulation which enabled court to enter agreed order avoiding lien of creditor to extent of debtors' allowed exemption in the property.  Trustee correctly asserted that he did not raise the preference issue at time of debtors' motion to avoid lien nor was he obligated to do so.  Trustee may therefore void the lien of creditor; creditor will share in any ultimate distribution to unsecured creditors.

Statue/Rule References:
11 U.S.C. § 101(54) -- Transfer
11 U.S.C. § 547 -- Preference
11 U.S.C. § 544 -- Trustee as Lien Creditor

Key Terms:
Preferences
Lien Avoidance