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.
Tennessee Motion to Avoid Creditor's Lien is a legal document filed by an individual or entity to seek relief from a creditor's lien on their property. This motion is specific to Tennessee laws and aims to protect the debtor's rights against the creditor's claims. In Tennessee, there are two main types of Motion to Avoid Creditor's Lien: 1. Motion to Avoid Creditor's Lien on Exempt Property: This type of motion is filed when an individual wants to protect their exempt property from being seized or sold to satisfy the debt. Exempt property refers to assets that are legally protected from creditor claims up to specific dollar limits as specified by Tennessee law. By filing this motion, the debtor requests the court to remove the lien from their exempt property, thereby ensuring its preservation. 2. Motion to Avoid Judicial Lien: This type of motion is applicable when a creditor obtains a judicial lien on the debtor's property through a court judgment. The debtor can file this motion to request the court to remove the judicial lien, asserting that it impairs the debtor's exemptions or causes an unfair burden. Successful approval of this motion relieves the debtor from the obligation of paying off the debt secured by the judicial lien. To file a Tennessee Motion to Avoid Creditor's Lien, certain essential information must be included in the motion. This includes: — Identifying information of the debtor and the creditor — A clear description of the property subject to the lien — The specific type of lien being challenged — Detailed explanation of why the lien should be avoided — Supporting evidence and documentation proving the legal basis for avoidance — Statement of applicable Tennessee laws and exemptions that support the motion — Any additional relevant information or circumstances pertaining to the case It is crucial for debtors to understand their rights and consult with an experienced attorney before filing a Tennessee Motion to Avoid Creditor's Lien. This legal process is intricate, and any mistakes or omissions in the motion can negatively impact the outcome. Therefore, seeking professional guidance ensures that the motion is properly prepared and increases the chances of a successful outcome.
