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Interesting Questions
Your motion should include information about the lien, your property, and why you believe the lien should be avoided. It's like telling your side of the story!
Yes, there is a specific timeframe within which you must file this motion, typically during your bankruptcy case.
If your motion is granted, the lien will be removed from your property, and you won’t have to worry about it affecting your ownership.
You can usually avoid a lien if it impairs your exemption in your property, meaning it takes away your ability to keep a certain amount of equity.
Passive notice means that the person who holds the lien doesn’t have an active role in the case, and they are not required to respond to the motion.
Typically, anyone who has a lien on their property due to an unpaid court judgment can file this motion as part of their bankruptcy process.
A motion to avoid a judicial lien is a request to the court to remove a lien on your property that was placed due to a court judgment.