Motion To Avoid Judicial Lien Foreclosure

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State:
Multi-State
Control #:
US-03348BG
Format:
Word; 
Rich Text
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Description

The Motion to Avoid Judicial Lien Foreclosure is a legal form used in United States Bankruptcy Court, allowing a debtor to request that a court eliminate a judicial lien that impairs their property exemption. The motion outlines key jurisdictional aspects and necessary details, such as the debtor's name, case number, property description, and the lien holder's information. It requires information about the property's fair market value and the amount of the exemption the debtor is entitled to claim. This motion is critical for individuals looking to protect their exempt property from creditors' liens. Filling instructions include clearly stating the lien's details, calculating lien impairment, and providing evidence of the property's valuation. It serves a range of legal professionals, including attorneys, paralegals, and legal assistants, by providing a structured approach to contesting unfavorable liens, thus aiding clients in bankruptcy proceedings. The template simplifies the lien avoidance process, ensuring compliance with the Bankruptcy Code and enhancing client advocacy efforts.
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FAQ

If you do not pay the judgment, the judgment creditor can garnish or "seize" your property. The judgment creditor can get an order that tells the Sheriff to take your personal property, like the money in your bank account or your car, to pay the judgment.

Filing for bankruptcy can eliminate your second mortgage debt. If an appraiser determines the value of your home is less than your first mortgage, or is upside down, Chapter 13 lien stripping may be possible. The bankruptcy court essentially converts your second mortgage into an unsecured debt.

Yes, a lien may be placed on property that is jointly owned. However, the effects of that lien depend on the type of ownership that the property is under. Before discussing the terms of joint ownership, it's important that you understand exactly what liens are and what they may mean for you and your investment.

What Is a Motion to Avoid a Judicial Lien in Bankruptcy? A Motion to Avoid Judicial Lien is a motion your bankruptcy attorney can file in bankruptcy court to remove an involuntary judgment lien from your house or other property after you have completed bankruptcy.

An original judgment lien is valid for 10 years. If the judgment isn't paid by the end of the first 10 years, then the judgment creditor can seek a renewal judgment on the lien that would be valid for another 10 years.

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Motion To Avoid Judicial Lien Foreclosure