Massachusetts Motion to Avoid Judicial Lien Impairing Exemption
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How to fill out Massachusetts Motion To Avoid Judicial Lien Impairing Exemption?
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FAQ
A judgment lien in Massachusetts will remain attached to the debtor's property (even if the property changes hands) for 20 years (for liens on real estate) or 30 days (for liens on personal property).
You can avoid a lien if you could apply a bankruptcy exemption to some or all of the equity in the asset, and triggering the lien would prevent you from getting the benefit of the exemption to which you are entitled. (In other words, the lien would cause you to lose some of the equity that would otherwise be exempt.)
When a person wants to avoid a lien, they obtain a judicial determination that the lien no longer encumbers a piece of property. This means they would then be able to sell the property despite the lien. In other words, a lien is seperate from a debtor's personal obligation of the loan.
Contact the creditor that filed the lien. Make payment arrangements if you cannot pay in full. Pay the lien amount in full or as agreed. Request a satisfaction of lien. File the satisfaction of lien if mailed to you. Consult a bankruptcy attorney.
A judgment is a court order. A lien is a claim of interest in a property right. A judgment can turn into a lien when the law allows this. For example, if a creditor records a court judgment, it can affect the right of an owner of real property to sell the...
If your attorney is aware of the judicial lien(s) and you do not have any non-exempt equity in property to secure the liens, your attorney can file a motion to avoid a judicial lien to prevent the judicial lien from affecting you in the future after the debt was discharge in your bankruptcy.
If you owe money to a creditor and don't pay, that party may sue you for the balance. If the court rules against you, the creditor can file a judgment lien against you.In a few states, if a court enters a judgment against a debtor, a lien is automatically created on any real estate the debtor owns in that county.
A judgment is a court order. A lien is a claim of interest in a property right. A judgment can turn into a lien when the law allows this. For example, if a creditor records a court judgment, it can affect the right of an owner of real property to sell the...
The statute of limitations on judgments in Massachusetts are 20 years and can be renewed by the court for another 5 years if the judgment is still not satisfied.