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.
Keywords: District of Columbia, Motion to Avoid Creditor's Lien Description: In the District of Columbia (D.C.), a Motion to Avoid Creditor's Lien is a legal process aimed at eliminating or avoiding a creditor's claim over specific property owned by an individual or business. This motion provides debtors with an opportunity to protect their assets from creditor liens, ensuring their continued use and ownership. There are several types of District of Columbia Motion to Avoid Creditor's Lien, each serving a specific purpose based on the debtor's circumstances. These include: 1. Exemption-Based Motion: This type of motion allows a debtor to claim certain exemptions under the law to protect their property from being seized or sold to satisfy a creditor's claim. Debtors can assert state or federal exemptions according to their eligibility. 2. Homestead Exemption Motion: D.C. law offers a homestead exemption that enables homeowners to declare a portion of their property as a homestead, protecting it from creditors during bankruptcy proceedings. By filing this motion, debtors can safeguard their primary residences from being subject to creditor liens. 3. Wildcard Exemption Motion: Also referred to as a personal property exemption, this motion allows debtors to exempt a specific amount of personal property from a creditor's claim. Debtors can typically exempt a certain dollar value of personal property, protecting it from creditors. To initiate a Motion to Avoid Creditor's Lien in D.C., debtors must file a formal motion with the appropriate court, providing detailed information about the property, the creditor's lien, and the applicable exemption or reason for avoidance. Debtors may need to provide supporting documentation, such as property appraisals, financial statements, or other evidence to support their claim. Upon filing the motion, a hearing will be scheduled where the debtor must demonstrate why the property should be exempted or why the lien should be avoided. The court will evaluate the evidence presented and make a decision based on the applicable laws and precedents. It is crucial for debtors in the District of Columbia facing creditor liens to consult an experienced bankruptcy attorney familiar with local laws and regulations. An attorney can guide them through the process, help determine the most suitable type of motion to file, and increase the likelihood of a successful outcome. Overall, a District of Columbia Motion to Avoid Creditor's Lien offers individuals and businesses a legal avenue to protect their property from creditors, ensuring their financial stability and protecting their assets during bankruptcy proceedings.
