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.
Missouri Motion to Avoid Creditor's Lien is a legal process that allows individuals in Missouri to request the court to remove certain liens placed on their property or assets. This motion is typically filed in a bankruptcy case, specifically under Chapter 7 or Chapter 13 bankruptcy. In Missouri, there are two main types of Motion to Avoid Creditor's Lien: 1. Missouri Motion to Avoid Judicial Lien: This type of motion is used when a creditor has obtained a lien against the debtor's property through a court judgment. If the lien impairs an exemption claimed by the debtor, they can file this motion to request the court to remove the judicial lien. 2. Missouri Motion to Avoid Nonpossessory, Nonpurchase-Money Security Interest: This motion is applicable when a creditor, without possession of the collateral, has obtained a security interest in the debtor's property. This type of motion can be filed if the lien impairs an exemption claimed by the debtor, and the collateral was not purchased with the creditor's loan. Keywords: Missouri, Motion to Avoid Creditor's Lien, legal process, bankruptcy case, Chapter 7, Chapter 13, remove liens, bankruptcy, Motion to Avoid Judicial Lien, Motion to Avoid Nonpossessory, Nonpurchase-Money Security Interest, court judgment, collateral, exemptions, possession, security interest.
