Green Hill Corporation v. Charles C. Kim Duak F. Kim Bank of Seoul/new York Agency

I agree with the majority's conclusion that Green Hill did not satisfy Virginia *745state law requirements for the creation of a lien solely by the filing of a memorandum lis pendens. I cannot, however, agree with the majority’s view that this Court is powerless to grant Green Hill’s request for relief from the automatic stay.

While the automatic stay provision of § 362(a)(4) prohibits “any act to create, perfect, or enforce any lien against property of the estate ...,” § 362(b)(3) makes it clear that the filing of a bankruptcy petition does not operate as a stay “of any act to perfect an interest…