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.
Suffolk, New York is a county located on Long Island, in the state of New York. A "Motion to Avoid Creditor's Lien" is a legal process by which an individual or business in Suffolk County can attempt to remove or avoid a lien that has been placed on their property by a creditor. This motion is typically used in bankruptcy cases to protect certain assets from being seized or sold to satisfy outstanding debts. There are several types of "Motion to Avoid Creditor's Lien" in Suffolk County, New York, each serving a specific purpose. These include: 1. Motion to Avoid Judicial Lien: This type of motion is relevant when a creditor has obtained a judgment against a debtor through a court proceeding, resulting in the creation of a judicial lien on the debtor's property. The debtor can file a motion to avoid this lien and protect their assets from being seized. 2. Motion to Avoid Non-Purchase Money Security Interest: In case a creditor holds a non-purchase money security interest on the debtor's property, which means it is not directly related to the purchase of the property, the debtor can file a motion to avoid this lien and prevent the creditor from claiming the property. 3. Motion to Avoid Statutory Lien: Certain liens, such as tax liens or mechanic's liens, can also be challenged through a motion to avoid. These liens are created by statutes or laws and can be avoided if they impair the debtor's exemptions or rights. 4. Motion to Avoid Lien on Household Goods: If a creditor has placed a lien on the debtor's household goods, furniture, or appliances, the debtor can file a motion to avoid this particular lien and protect these essential items from being taken away. 5. Motion to Avoid Lien on Motor Vehicle: In cases where a creditor has a lien on the debtor's motor vehicle, a motion to avoid can be filed to remove this lien and safeguard the vehicle from being repossessed. It is important to note that the specific requirements and procedures for a "Motion to Avoid Creditor's Lien" may differ based on the jurisdiction and the type of lien being challenged. Seeking legal advice or consulting an attorney familiar with Suffolk County, New York, bankruptcy laws is highly recommended ensuring the proper filing of such a motion.Suffolk, New York is a county located on Long Island, in the state of New York. A "Motion to Avoid Creditor's Lien" is a legal process by which an individual or business in Suffolk County can attempt to remove or avoid a lien that has been placed on their property by a creditor. This motion is typically used in bankruptcy cases to protect certain assets from being seized or sold to satisfy outstanding debts. There are several types of "Motion to Avoid Creditor's Lien" in Suffolk County, New York, each serving a specific purpose. These include: 1. Motion to Avoid Judicial Lien: This type of motion is relevant when a creditor has obtained a judgment against a debtor through a court proceeding, resulting in the creation of a judicial lien on the debtor's property. The debtor can file a motion to avoid this lien and protect their assets from being seized. 2. Motion to Avoid Non-Purchase Money Security Interest: In case a creditor holds a non-purchase money security interest on the debtor's property, which means it is not directly related to the purchase of the property, the debtor can file a motion to avoid this lien and prevent the creditor from claiming the property. 3. Motion to Avoid Statutory Lien: Certain liens, such as tax liens or mechanic's liens, can also be challenged through a motion to avoid. These liens are created by statutes or laws and can be avoided if they impair the debtor's exemptions or rights. 4. Motion to Avoid Lien on Household Goods: If a creditor has placed a lien on the debtor's household goods, furniture, or appliances, the debtor can file a motion to avoid this particular lien and protect these essential items from being taken away. 5. Motion to Avoid Lien on Motor Vehicle: In cases where a creditor has a lien on the debtor's motor vehicle, a motion to avoid can be filed to remove this lien and safeguard the vehicle from being repossessed. It is important to note that the specific requirements and procedures for a "Motion to Avoid Creditor's Lien" may differ based on the jurisdiction and the type of lien being challenged. Seeking legal advice or consulting an attorney familiar with Suffolk County, New York, bankruptcy laws is highly recommended ensuring the proper filing of such a motion.
