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Eliminating Liens in Bankruptcy

How do I eliminate judicial liens on exempt property?

If there is a judicial lien on your property as a result of a court judgment against you, you may have the right to remove it if it "impairs" an exemption on the property. You must intitiate a special procedure called an "adversary proceeding." You may need a lawyer's help to do this, and you need to make ask your bankruptcy lawyer if they charge extra fees for doing this.
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Insurance Exemption Glossary
 
Exemptions & "Secured Debts"

Updated: 2020-08-26 by

How do I eliminate judicial liens on exempt property?

If there is a lien on your property as a result of a court judgment against you, you may have the right to remove it if it "impairs" an exemption on the property. That is, if the equity in your property is protected by an exemption, you can get the judicial lien on it removed by the bankruptcy court as another element of the "fresh start" that bankruptcy is designed to provide.

If there are judicial liens on your property, be sure to determine which ones can be eliminated through the "lien avoidance" procedure. Some liens cannot be removed however, including a judicial lien that secures a domestic support obligation. 11 U.S.C.A. § 522(f)(1)(A).

 

For more information on lien avoidance, when it's available and step by step procedural guidance how to do it, see How to File for Chapter 7 Bankruptcy, 14th Edition, by Elias, Renauer & Leonard. Buy now: Nolo :: Powell's :: Amazon

Note that some judicial district web sites have links for those who provide free legal assistance to debtors who need representation in a lien avoidance proceeding.

 

 

 

Insurance Exemption Glossary
 
Exemptions & "Secured Debts"

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