Order Avoiding Judicial Lien

ORDER AVOIDING JUDICIAL LIEN. This form is an order from the bankruptcy court allowing a debtor to remove, or partially remove, a judicial lien that impairs their ability to claim an exemption on a piece of property. Under Chapter 13 bankruptcy rules, if a judicial lien, such as one from a lawsuit, interferes with the debtor’s legally allowable exemptions, the court can "avoid" (eliminate) the lien to the extent it impairs that exemption. This order requires that all parties have been notified and no objections were made, and it determines that the lien fully or partially impairs the debtor’s exemption. If the lien is fully avoided, it no longer has any effect on the property unless the bankruptcy case is dismissed. If it is only partially avoided, the lien remains enforceable only on the remaining amount. The order also includes instructions for when and how the order can be recorded with the Clerk of Superior Court once the debtor is discharged. www.FormsWorkflow.com