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Maryland Order Granting Motion To Avoid Lien On Debtors Principal Residence (Ch 13)

State:
Maryland
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MD-SKU-0450
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Order Granting Motion To Avoid Lien On Debtors Principal Residence (Ch 13)

The Maryland Order Granting Motion To Avoid Lien On Debtors Principal Residence (Ch 13) is a court order issued by the Bankruptcy Court in Maryland that allows a debtor to avoid a lien on their principal residence during a Chapter 13 bankruptcy. This order is granted when the debtor is able to show a valid reason for why the lien should be avoided, such as that it was fraudulently or illegally obtained. The order grants the debtor the right to have the lien removed from their residence and also provides protection against creditors taking or seizing the property. There are two types of Maryland Order Granting Motion To Avoid Lien On Debtors Principal Residence (Ch 13): Motion to Avoid Lien on Real Property and Motion to Avoid Lien on Personal Property. Both motions are used to protect the debtor's principal residence from creditor actions.

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The chapter 13 plan must indicate that the debtor intends to file a motion to avoid a junior lien on the debtor's residence. The court provides forms.Motion will be deemed unopposed and the Court may enter an order granting the relief sought. What you get: Instant access to fillable Microsoft Word or PDF forms. That the avoidance of the Respondent's junior lien is contingent upon: The Debtor's completion of the chapter 13 plan, or receipt of a chapter 13 discharge. e. This Court declined to permit the lien avoidance in Nobelman solely because § 1322(b)(2), which applies only in Chapter 13, states that a plan cannot "modify. One of the tools available in a Chapter 13 reorganization is lien voidance, or "lien stripping. – If retaining, debtor will: • Reaffirm the debt;. • Redeem the property;. Threshold issue of whether the Bankruptcy Code permits a Chapter 13 debtor to avoid a secured mortgage lien.

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Maryland Order Granting Motion To Avoid Lien On Debtors Principal Residence (Ch 13)