Motion To Avoid Lien Form With Two Points

Category:
State:
Multi-State
Control #:
US-03348BG
Format:
Word; 
Rich Text
Instant download

Description

The Motion to Avoid Lien form allows debtors to request the court to eliminate a judicial lien on their property in accordance with 11 U.S.C. § 522(f)(2). This form is vital for individuals in bankruptcy proceedings who seek to protect their exempt property from creditor claims. It succinctly outlines the debtor's arguments, including the fair market value of the property, the amounts of existing liens, and the rationale for why the lien impairs their exemptions. Filling out this form requires clear identification of the creditor, lien amounts, and legal grounds for the request. Attorneys, partners, and paralegals should ensure all necessary values and justifications are detailed, adhering to local court rules for submissions. This form is particularly useful in Chapter 7 or Chapter 13 bankruptcy cases where lien avoidance can substantially affect a debtor's financial recovery. Legal assistants must assist in collecting accurate property valuations and lien details to ensure compliance with the form’s requirements.
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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.

Hear this out loud PauseIn order to avoid a lien under § 522(f), the debtor must show: (1) that he has an interest in the homestead property; (2) he is entitled to a homestead exemption; (3) the asserted lien impairs that exemption; and (4) the lien is a judicial lien.

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.

Hear this out loud PauseThis motion is filed by a debtor to avoid certain liens on property. The motion may be filed on negative notice or it may be set for a hearing, and it must be served upon all affected parties. There is no filing fee unless it is filed as a multi-part motion with a Motion to Reopen Case.

Hear this out loud PauseWhat 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.

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Motion To Avoid Lien Form With Two Points