Motion To Avoid Judicial Lien Form. This is a West Virginia form and can be use in Bankruptcy Court Federal.
Tags: Motion To Avoid Judicial Lien, West Virginia Federal, Bankruptcy Court
UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA In re Case Number Debtor(s). Motion to Avoid a Judicial Lien This day came the Debtor (s) and moves the Court, pursuant to 11 U.S.C. ¶ 522(f) to avoid a certain judicial lien recorded in the _____________________ Court of _____________________County, WV. The Debtor represents to the Court the following: 1. G The Debtor(s) are owners of a parcel of real estate with a value of $_____________ which is subject to a mortgage lien in the amount of $_________________. The Debtor(s) equity in the real estate is exempt pursuant to WV ¶38-10-4 and U.S.C. ¶522(f). Or G The Debtor(s) own no real property. 2. That the Debtor(s) have exempted said real estate as set forth above, on Schedule C of their Bankruptcy Schedules; 3. That the Creditor _________________________________holds a perfected judicial lien in the amount of $_________________, which impairs an exemption to which the Debtor(s) are entitled; 4. That there no other consensual liens which affect the Debtor(s) real estate; 5. That the judicial lien sought to be avoided are non-consensual judgment liens which have been or will be discharged in this matter and for which the Debtor(s) will have nor further liability; 6. That said judicial liens will interfere with the Debtor(s) ability to obtain a fresh start subsequent to bankruptcy and impair an exemption to which the Debtor(s) are entitled under 11 U.S.C. ¶522(b). American LegalNet, Inc. www.FormsWorkFlow.com 7. Furthermore, the existence of said judicial liens will cloud the title to real estate which the Debtor(s) may acquire after the close of the bankruptcy case; 8. That the Creditors are neither and infant, an incarcerated convict, nor an incompetent person. 9. Said lien is recorded in Book _____ and Page _____. Wherefore, the Debtor(s) pray that the Court enter an order deeming the judicial lien null and void and discharged in bankruptcy inasmuch as it impairs the Debtor(s) right to exemption, and for such other and further relief as is just. Dated: ___________________________________ Debtor ___________________________________ Joint Debtor American LegalNet, Inc. www.FormsWorkFlow.com