Colorado Motion to Avoid Creditor's Lien

Category:

Bankruptcy

State:

Multi-State

Control #:

US-03348BG

Format:

Instant download

Description

Judicial lien is a lien obtained by judgment, levy, sequestration or other legal or equitable process or proceeding. If a court finds that a debtor owes money to a creditor and the judgment remains unsatisfied, the creditor can ask the court to impose a lien on specific property owned and possessed by the debtor. After imposing the lien, the court issues a writ directing the local sheriff to seize the property, sell it and turn over the proceeds to the creditor.

Under Bankruptcy proceedings, a creditor can obtain a judicial lien by filing a final judgment issued against a debtor through a lawsuit filed in state court. A certified copy of a final judgment may be filed in the county in which the debtor owns real property. A bankruptcy debtor can file a motion to avoid Judicial Lien. A Motion to avoid Judicial Lien can be filed by a debtor in either a chapter 7 or chapter 13 bankruptcy proceeding. In a Chapter 7 proceeding, an Order Avoiding Judicial Lien will remove the debt totally.

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How to fill out Motion To Avoid Creditor's Lien?

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FAQ

In Colorado, a judgment lien can be attached only to real estate, such as a house or land. To attach the lien, the creditor files the judgment with the county recorder where the debtor owns property. A judgment lien in Colorado is attached to property for six years.

What type of action might a creditor take to force the sale of attached property to collect a debt? Writ of execution. (A court order that enforces a judgment to obtain funds to satisfy judgment amount.)

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.

LBR 4003-2 provides the procedure for a party to file a motion to avoid a lien when the judgment lien is on real property. The Bankruptcy Code section that applies is section 11 U.S.C. 522(f). This motion is sometimes called a 522f motion.

§ 13-52-102(2)(b)(I) and (II) (referencing 6 years to execute a county court judgment and restitution judgments that can be executed on at any time until paid). Generally, a lien of judgment expires six years after the entry of judgment unless revived. Colo.