Kentucky Motion to Avoid Creditor's Lien

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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.

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FAQ

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Kentucky, a judgment lien can be attached to real estate only (i.e., a house or similar property interest). Judgment Liens on Property in Kentucky | Nolo Nolo ? legal-encyclopedia ? judgmen... Nolo ? legal-encyclopedia ? judgmen...

What Is a Motion to Avoid a Judicial Lien in Bankruptcy? A Motion to Avoid Judicial Lien is a motion your bankruptcy attorney can file in bankruptcy court to remove an involuntary judgment lien from your house or other property after you have completed bankruptcy.

A lien ordered against a person's property to prevent its disposal during a lawsuit is called. a judgment lien.

Each attorney shall have a lien upon all claims, except those of the state, put into his hands for suit or collection or upon which suit has been instituted, for the amount of any fee agreed upon by the parties or, in the absence of such agreement, for a reasonable fee.

If you own real estate jointly with a spouse in a common law property state (and you don't own the property as tenants by the entirety), then a creditor may be able to put a lien on that property, whether or not you were ever individually liable on that debt. Real Estate Liens on Jointly Owned Property - Nolo nolo.com ? legal-encyclopedia ? real-estate-l... nolo.com ? legal-encyclopedia ? real-estate-l...

Kentucky is not a community property state, so the general rule is one spouse not liable for the other spouse's separate debt, with the exception of medical debt. Kentucky Collection Laws | Bills.com bills.com ? learn ? debt ? kentucky-collectio... bills.com ? learn ? debt ? kentucky-collectio...

If the married couple or joint owners of a property do not have a tenancy by the entireties title, any lien can attach to the person's interest in the property. Whether it's judgment or confessed judgment, the lien will attach to the homeowner's interest, making the lienor a co-owner of the property.

If the married couple or joint owners of a property do not have a tenancy by the entireties title, any lien can attach to the person's interest in the property. Whether it's judgment or confessed judgment, the lien will attach to the homeowner's interest, making the lienor a co-owner of the property. Can a Lien be Placed on Jointly Owned Property? | Coover Law cooverlaw.com ? FAQs ? Real Estate FAQs cooverlaw.com ? FAQs ? Real Estate FAQs

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Kentucky Motion to Avoid Creditor's Lien