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.
A Louisiana Motion to Avoid Creditor's Lien is a legal remedy available to debtors in Louisiana who wish to remove or avoid a creditor's lien on their property. This motion is filed in bankruptcy cases, typically under Chapter 7 or Chapter 13, as a means to protect the debtor's exempt property from being taken by the creditor. When a creditor has obtained a lien on a debtor's property, it means that they have a legal claim or interest in that property, which they can enforce if the debtor fails to fulfill their financial obligations. However, when the debtor believes that the creditor's lien is improper or that the property falls under exemptions provided by Louisiana law, they can file a Motion to Avoid Creditor's Lien. By filing this motion, the debtor requests the court to remove or avoid the lien, thereby protecting the property from being seized or sold to satisfy the creditor's debt. The goal of the motion is to preserve the debtor's exempt property and ensure that they can have a fresh financial start. There are different types of Louisiana Motions to Avoid Creditor's Liens, depending on the nature of the property and the specific circumstances of the case: 1. Homestead Exemption: Louisiana law provides homeowners with a homestead exemption, which allows them to protect their primary residence from seizure or sale by certain creditors. The debtor may file a motion based on the homestead exemption to avoid a creditor's lien on their home. 2. Automobile Exemption: Debtors in Louisiana can claim an exemption for their motor vehicle up to a certain value. If a creditor has obtained a lien on the debtor's car, the debtor can file a motion to avoid the lien, citing the automobile exemption allowed by Louisiana law. 3. Personal Property Exemption: Louisiana law also provides exemptions for certain personal property, such as household furniture, appliances, clothing, and other necessities. A debtor seeking to avoid a creditor's lien on exempt personal property may file a motion specifically tailored to this category. 4. Wildcard Exemption: In addition to the above exemptions, debtors in Louisiana can also claim a "wildcard" exemption that can be applied to any property of their choosing. This exemption allows debtors to protect assets that may not be covered by other specific exemptions. A motion based on the wildcard exemption may be filed to avoid a creditor's lien on such property. It is important to note that the specific requirements and procedures for filing a Louisiana Motion to Avoid Creditor's Lien may vary depending on the bankruptcy chapter, individual circumstances, and the intricacies of the case. Consulting with a qualified bankruptcy attorney is crucial to navigate the process effectively and secure the best outcome.
