Last updated: 9/27/2018
Order Granting Motion To Avoid Judicial Lien
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Description
IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF ALABAMA IN RE: ) ) , ) Case No. ) Debtor(s). ) ORDER GRANTING MOTION TO AVOID JUDICIAL LIEN OF [LIENHOLDER] This case is before the Court on the Motion to Avoid Judicial Lien of [Lienholder] (doc. no. ). No party in interest has objected, and the Court considers the motion to be uncontested. The Court has reviewed the schedules filed by Debtor(s) and finds there is no non-exempt interest in real or personal property to which a judicial lien could attach. Upon consideration of the motion, it is ordered: 1. The motion to avoid judicial lien is granted. 2. Because the lien of [Lienholder] created by the recordation of a certificate of judgment on [recording date] at [recording information] in the Probate Court of County, Alabama (223the Judicial Lien224) impairs the exemptions to which Debtor(s) is entitled, the Judicial Lien is hereby avoided in its entirety pursuant to 11 U.S.C. 247 522(f). 3. Upon discharge of Debtor(s) in this bankruptcy case and the recordation of this order in probate court along with an order of discharge entered in this bankruptcy case, the Judicial Lien is hereby extinguished and shall not survive the bankruptcy nor affix to or remain enforceable against property of Debtor(s). 4. Any proof of claim filed by the lienholder which claims secured status based upon the Judicial Lien shall be treated as unsecured. American LegalNet, Inc. www.FormsWorkFlow.com
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