Motion To Avoid Judicial Lien Without Notice

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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 Without Notice is a legal form designed for individuals seeking to eliminate a creditor's judicial lien on their property under the provisions of 11 U.S.C. § 522(f). This motion enables debtors to assert their rights to exemptions and provides a structured approach to calculate whether a lien impairs these exemptions. Key features include sections for identifying the debtor, the lienholder, the property description, and details about the lien itself. Users fill in specific amounts and details, following guidelines outlined in relevant statutes and rules. This form is particularly useful for attorneys representing clients in bankruptcy cases, as it allows them to effectively advocate for the avoidance of liens that could hinder their clients' financial recovery. Paralegals and legal assistants will find this form beneficial for preparing court documents and understanding the mechanics of lien avoidance under bankruptcy law. The document emphasizes clarity and requires the inclusion of property valuations and the nature of existing liens, making it essential for any legal professional involved in bankruptcy proceedings.
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FAQ

Hear this out loud PauseA lien is a right to retain possession of another's property, where that possession already lawfully exists, pending the discharge of indebtedness. An equitable lien (see paragraph 9.147), however, does not require possession to be valid. A lien sometimes arises where a service has been performed but not paid for.

Hear this out loud PauseA lien is the right of a person who has lawfully received property belonging to another to retain that property for so long as a debt owed by the owner of the property remains unpaid. Liens may be recognised by common law or may be created by contractual agreement. Common law liens: are a form of possessory security.

Hear this out loud PauseA lien is an encumbrance that makes property security for the payment of a debt or discharge of an obligation. The Registrar-Recorder/County Clerk (RR/CC) serves notification by mail to debtors when an involuntary lien is recorded against them. An involuntary lien is a lien that a property owner did not sign.

Hear this out loud PauseWhat Is a Lien? A lien is a claim or legal right against assets that are typically used as collateral to satisfy a debt. A creditor or a legal judgment could establish a lien. A lien serves to guarantee an underlying obligation, such as the repayment of a loan.

Conditions for Exercising Lien The goods for which this right is to be executed has to be possessed by the creditor who exercises it. There has to be a lawful debt due to the person in possession of the goods by the owner. There should not be any contract to the contract.

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Motion To Avoid Judicial Lien Without Notice