Motion To Avoid Lien Form With Decimals

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

The Motion to Avoid Lien form with decimals is a vital legal document utilized in bankruptcy proceedings to request the avoidance of a creditor's judicial lien on a debtor's property. This form provides a structured approach for the debtor, through their attorney, to demonstrate that the lien impairs their eligible exemptions under the Bankruptcy Code, specifically 11 U.S.C. § 522(f)(2). Key features include sections to input vital information such as the debtor’s identification, the nature of the property, the lien details, and the formula for calculating impairment using precise values. Filling and editing instructions are straightforward; users must enter the required financial and case specifics clearly. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants engaged in bankruptcy law, as it streamlines the lien avoidance process. Its clarity and systematic structure further assist those with limited legal experience, ensuring all necessary components are addressed correctly. Additionally, the document emphasizes the importance of accurate financial disclosures and offers clear pathways for legal relief.
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FAQ

Specific Lien ? A claim against a specific piece of property; only that individual property may be used to collect against the debt. Voluntary Lien ? A lien in which a borrower puts up their property as collateral for a loan. Involuntary Lien ? One used when the property owner did not give their express consent.

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.

A 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.

? Lien avoidance protects an individual debtor's. right to exempt property. ? A debtor can avoid judicial liens and non- possessory, non-purchase money security. interests in household goods (?NPMSIs?) to the extent that the lien or NPMSI ?impairs? the debtor's exemption in the property.

A common example of an involuntary lien is a tax lien. A tax lien is issued by the government when taxes are owed. If you avoid paying income taxes or property taxes on your home, the Internal Revenue Service (IRS) will file an involuntary lien to alert creditors that they have a right to your property.

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Motion To Avoid Lien Form With Decimals