Last updated: 8/22/2016
Order Partially Avoiding Lien {MSSB-OPAL}
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Description
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF MISSISSIPPI In re: NAME OF DEBTOR(S), DEBTOR. Case No. XX-XXXXX-XXX Chapter XX ORDER PARTIALLY AVOIDING LIEN The above-styled and numbered case having come on for hearing on the motion of the Debtor to avoid the fixing of the judicial lien (judgment) of [Name of Creditor] on exempt property of the Debtor, and the Court having considered the motion and otherwise being fully advised in the premises, finds that certain relief should be granted. IT IS, THEREFORE, ORDERED that: 1. Pursuant to 11 U.S.C. § 522(f)(1), the judicial lien (judgment) of [Name of Creditor] obtained against the Debtor in [Name of County] County, Mississippi, [Name of Court] Cause No. [Cause No.], is hereby avoided and held for naught to the extent it impairs any personal property of the Debtor otherwise exempted by Title 85, Chapter 3, Miss. Code Ann. (1972) and 11 U.S.C. § 522(b) and to the extent it impairs the Debtor's homestead exemption provided by Miss. Code Ann. § 85-3-21 (1972) and 11 U.S.C. § 522(b), said homestead being located in MSSB-OPAL (Rev. 12/13) Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com [Name of County] County, Mississippi, and being more fully described as follows: [insert legal description here] 2. A certified copy of this Order is to be filed in the land records of [Name of County], Mississippi, and the Chancery Clerk is requested to index this Order in the direct and sectional index under the name of [Name of Debtor] (Debtor) as grantor. The Debtor's attorney will ensure compliance with this provision. 3. The Circuit Clerk of [Name of County] County, Mississippi, is to enter on the judgment roll that the judicial lien (judgment) of [Name of Creditor] in [Name of Court] Court Cause No. [Cause No.] has been PARTIALLY CANCELED by this Order and a certified copy of this Order is to he placed in the suit file. The Debtor's attorney will ensure compliance with this provision. 4. The aforesaid clerks are authorized to charge fees for their services as otherwise authorized by state law. ##END OF ORDER## Submitted by: Attorney name and bar no. Address Telephone No. Email address MSSB-OPAL (Rev. 12/13) Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com