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Massachusetts Order Avoiding Lien Impairing Exemption (To be used in cases other than chapter 13)

State:
Massachusetts
Control #:
MA-SKU-0160
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Order Avoiding Lien Impairing Exemption (To be used in cases other than chapter 13)

The Massachusetts Order Avoiding Lien Impairing Exemption (To be used in cases other than chapter 13) is a type of legal protection for debtors in Massachusetts who are not filing for bankruptcy under Chapter 13. It allows debtors to pay off their debts without having any liens attached to their assets, including their home, or any other property they own. This exemption is available for real estate, personal property, and other assets. There are two types of orders that can be used in cases other than chapter 13: 1. The Order Avoiding Impairment of Lien — This order allows a debtor to pay off their debts without having any liens attached to their assets. 2. The Order Avoiding Lien Impairment — This order allows a debtor to pay off their debts without having any liens attached to their assets, even if the debt is not secured by a lien. The Massachusetts Order Avoiding Lien Impairing Exemption is an important tool for debtors in Massachusetts who are not filing for bankruptcy under Chapter 13. It can help them avoid having to go through the process of having a lien placed on their assets, which can be a long and complicated process. In addition, it can help them avoid the negative repercussions that come with having a lien attached to their assets, such as a decrease in their credit score and the potential for repossession of their assets.

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FAQ

The amount that is 50 times the minimum wage. In January 2022, the Massachusetts minimum wage is $14.25 / hour so the amount protected is $712.50 / week.

Missouri Bankruptcy Exemptions The Homestead Exemption. This exemption protects up to $15,000 of real property or $5,000 of a mobile home.Motor Vehicle Exemptions.Household Goods Exemptions.Jewelry.Retirement Account Exemptions.Firearms and Ammunition.Wildcard Exemption.Head of Household Exemption.

Section 34: Property exempt from execution Eighteenth, The debtor's aggregate interest, not to exceed $1,225 in value, in jewelry held primarily for the personal, family or household use of the debtor or the debtor's spouse or dependent.

Chapter 13 is designed for individuals with regular income who are temporarily unable to pay their debts. Chapter 13 gives them the option to pay their debts in installments over a period of time. You are eligible for Chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code.

Rented residential property ? Rent for a primary residence (not to exceed $2,500 per month) Retirement benefits ? excluding benefits subject to claims under orders of support. Social Security benefits. Unemployment compensation.

Wildcard: Up to $1,000 in addition to up to $5,000 in total value of any unused amount in the automobile, household furniture, and tools of the trade exemptions. This amount can only be used on personal property.

More info

Avoidance of a judicial lien or NPMIS is different than "stripping a lien. To avoid a judicial lien, you have to meet specific requirements.These requirements are different in Chapter 7 and Chapter 13 bankruptcy. In other words, the judgment lien must "impair" the homestead exemption. Liens that attach to assets that the debtor can claim exempt can be avoided to the extent the lien impairs (or eats into) the value of the exemption. Avoiding Liens in Chapter 13 Bankruptcy. Chapter 13 has two ways that you can avoid liens—through a lien cramdown or lien stripping. In order to remove the lien from the property, the debtor must file a motion in their chapter 13 case asking the court to remove the lien. A judgment lien can be removed as part of a Chapter 7 and Chapter 13 bankruptcy. Even though you can't cram down a residential property lien, Chapter 13 has a mechanism that can help you lower your home payment.

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Massachusetts Order Avoiding Lien Impairing Exemption (To be used in cases other than chapter 13)