Motion to avoid judicial lien - hearing

State:
Multi-State
Control #:
US-BK-0020
Format:
Word
Instant download

Description Motion Lien

Motion to avoid judicial lien - hearing

A Motion to Avoid Judicial Lien — Hearing is a legal proceeding where a creditor or lien holder files a motion in court to avoid a judicial lien on a debtor's property. The motion is usually filed by the lien holder in response to a debtor filing a motion to avoid the lien or to modify the terms of the lien. The hearing is held to determine whether the debtor has a legal right to avoid or modify the lien and whether the lien holder has a valid claim to the property. The court will consider any evidence that is presented by both parties in order to make a decision. There are three types of Motion to Avoid Judicial Lien — Hearing: (1) Motion to Avoid Judicial Lien, (2) Motion to Modify Judicial Lien, and (3) Motion to Discharge Judicial Lien. Each type of motion has its own specific purpose and is governed by different laws and regulations. The court will consider the evidence presented by both parties and make a determination based on the merits of the case.

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Motion Avoid Lien Other Form Names

Motion Avoid Judicial Lien   Motion Avoid Hearing   Avoid Lien Agreement   Avoid Lien Document   Motion Lien Statement   Avoid Judicial Lien   Motion Lien Form  

More info

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.MEMORANDUM OF DECISION. If the bankruptcy court grants the motion, then the judgment creditor will no longer have a lien on your house. Movant must file with the motion a certificate of service of the motion to avoid lien and the notice of hearing. The lien must qualify for avoidance, and you must file a motion with the court and obtain a court order. Fortunately, you may be able to retain such property if the lien against it is a "judicial lien. You will then file a motion with the bankruptcy court, requesting that the lien be avoided. If no one responds, the court will enter an order avoiding the lien. Counsel should prepare for a full hearing on the hearing date.

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Motion to avoid judicial lien - hearing