Order avoiding judicial lien

State:
Multi-State
Control #:
US-BK-0024
Format:
Word
Instant download

Description

Order avoiding judicial lien

An Order Avoiding Judicial Lien is a court order that prevents a lien from being attached to a debtor's property. This type of order is generally sought by those facing financial hardship or who may be facing foreclosure. It can be used to protect a home, vehicle, or other assets from being seized by creditors. There are two types of order avoiding judicial lien: 1. Temporary Order Avoiding Judicial Lien: This type of order is used to prevent a lien from being attached to a debtor's property for a set period of time. This type of order can be used to protect a debtor's assets while the debtor negotiates with creditors or works to pay off a debt. 2. Permanent Order Avoiding Judicial Lien: This type of order is used to permanently prevent a lien from being attached to a debtor's property. This type of order can be used to protect a debtor from creditors in the future.

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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.Motion to Avoid Judicial Lien. If the bankruptcy court grants the motion, then the judgment creditor will no longer have a lien on your house. If you have been sued prior to filing bankruptcy, then you may have a judicial lien filed against you in the county in which you reside. Lien avoidance is a powerful and important tool available in Chapter 7 bankruptcy. § 522(f), a debtor may avoid the attachment of a judicial lien to his interest in property to the extent that the lien impairs the debtor's homestead exemption. 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. If no one responds, the court will enter an order avoiding the lien.

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Order avoiding judicial lien