Hawaii Lien in Chapter 7 (Motion to Avoid)

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Hawaii
Control #:
HI-SKU-0054
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Lien in Chapter 7 (Motion to Avoid)

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FAQ

A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment. Judgment liens can arise in a wide variety of circumstances ? basically, any incident that can land you in court can end up generating a judgment lien.

?Lien Avoidance?, or ?Avoiding a Lien? is essentially wiping away that interest that a creditor has in your property, removing their right to repossess it, or otherwise ?take it back?.

Judgment creditors usually record this kind of lien on property with title papers, such as a car or a business's assets. If, for example, you tried to sell your car, the lien would appear, and you'd have to pay off the judgment creditor before selling.

Here's another example. A judge may place a lien on a debtor's car for nonpayment of a car loan. In this scenario, if the debtor does not pay the creditor within a certain time period, the car would be used to pay off the remaining debt. If there's a balance left over, the debtor is on the hook for that.

A judgment lien, sometimes referred to as an ?abstract of judgment,? is an involuntary lien that is filed to give constructive notice and is to attach to the Judgment Debtor's property and/or assets. When we're talking about a judgment, it's up to the winning party to enforce or collect upon the judgment.

A security interest or legal right acquired in one's property by a creditor. A lien generally stays in effect until the underlying obligation to the creditor is satisfied. If the underlying obligation is not satisfied, the creditor may be able to take possession of the property involved.

More info

In Chapter 7, lien avoidance is technically only possible if you have equity in the property that qualifies for an exemption that the lien would impair. However, in some cases, bankruptcy courts will grant motions to avoid judgment liens even without an impaired exemption.Appraisal of the property c. If the bankruptcy court grants the motion, then the judgment creditor will no longer have a lien on your house. Filing for Chapter 7 bankruptcy won't get rid of a lien unless you do more. Lien avoidance is a powerful and important tool available in Chapter 7 bankruptcy. A motion to reopen and to avoid a lien is likely to take 45-60 days before you have a bankruptcy court order in hand, voiding the lien. To avoid the lien, a Bankruptcy debtor must file a motion to avoid the judgment liens which impair the homestead exemption. In bankruptcy a motion to avoid a judicial lien can be filed in a Chapter 7 and Chapter 13 bankruptcy case. To avoid the lien during your bankruptcy case, you need to file a motion with the court to avoid the lien.

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Hawaii Lien in Chapter 7 (Motion to Avoid)