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.
Maine Motion to Avoid Creditor's Lien is a legal remedy available to debtors facing the risk of losing their property due to a creditor's lien. This motion serves as a request to the court to eliminate or "avoid" the lien, allowing the debtor to retain possession of their property. A Creditor's Lien is a legal claim imposed by a creditor on a debtor's property to secure the repayment of a debt. If a debtor fails to satisfy their financial obligations, the creditor can seek a judgment from the court granting them a lien on the debtor's property. This lien essentially gives the creditor the right to seize and sell the property to recover the owed debt. When a debtor in Maine wants to prevent the loss of their property due to a creditor's lien, they can file a Motion to Avoid Creditor's Lien. This motion is usually filed during bankruptcy proceedings, specifically under Chapter 7 or Chapter 13. In Chapter 7 bankruptcy, the debtor can file a Motion to Avoid Creditor's Lien on exempt property. Exempt property refers to assets protected by the bankruptcy code that the debtor is allowed to keep during the bankruptcy process. By filing this motion, the debtor asks the court to remove the lien imposed on exempt property, ensuring its preservation. Under Chapter 13 bankruptcy, debtors have the opportunity to reorganize their debts and formulate a repayment plan. In this context, a Motion to Avoid Creditor's Lien can be filed to remove a lien from property that doesn't fall within the exemptions allowed by law. By eliminating the lien, the debtor can retain the property and include it in their repayment plan. To successfully file a Maine Motion to Avoid Creditor's Lien, debtors need to provide evidence supporting their claim. This evidence typically includes documentation proving the property is exempt or falls outside the creditor's reach. Debtors may also need to demonstrate that the lien impairs their exemptions or negatively affects their reorganization efforts. It is crucial for individuals facing financial distress in Maine to consult with a qualified attorney experienced in bankruptcy law. This attorney can guide debtors through the process of filing a Motion to Avoid Creditor's Lien and ensure their rights and assets are protected. Overall, a Maine Motion to Avoid Creditor's Lien is a powerful tool available to debtors to safeguard their property from potential loss during bankruptcy proceedings. Whether it's exempt or non-exempt property, this motion aims to eliminate liens and grant debtors the opportunity to restart their financial life with a clean slate.
