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Order Avoiding Judicial Lien - West Virginia
| Order Avoiding Judicial Lien Form. This is a West Virginia form and can be used in Northern District Bankruptcy Court Federal . |
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA IN RE: XXXXX XXXX XXXXXXX, Debtor . ) ) ) ) ) ) CASE NO. XX-XXXXX Chapter __ ORDER AVOIDING JUDICIAL LIEN OF ______________________________ This matter comes before the Court on a motion to avoid a judicial lien pursuant to 11 U.S.C. § 522(f) and Federal Rules of Bankruptcy Procedure 4003(d) and 9014. Having considered the motion and other matters of record in this case, the Court finds and concludes: 1. All parties in interest have received due notice of the motion and no party has timely objected to the relief requested in the motion. The Debtor exempted property described as _________________________, with a value of $___________, as of the petition date. In the absence of any liens on the property, the Debtor could claim an exemption in the property in the amount of $________ pursuant to (e.g., W. Va. Code § 38-10-4(a)), as of the petition date. The abovementioned property is encumbered by the following liens: Type of lien (e.g., deed of trust, mortgage, statutory, judicial) Balance owed as of the petition date 2. 3. 4. Creditor 5. __________________________ holds a judicial lien against the property pursuant to a judgment dated __________________, and recorded in Judgment Book ___, page ___, in the ___________________ County records, in the amount of $_________, plus accrued interest and attorney's fees of $_______ as of the petition date. American LegalNet, Inc. www.FormsWorkflow.com 6. Because the total of all the liens against the property and the value of the exemption is $_______, which exceeds the value of Debtor's interest in the property by $_______, and because that sum is greater than or equal to the amount of the $______ judicial lien sought to be avoided, the judicial lien impairs an exemption pursuant to 11 U.S.C. § 522(f) and may be completely avoided pursuant to 11 U.S.C. § 522(f)(1). OR 6. Because the total of all the liens and the value of the exemption is $______, which exceeds the value of Debtor's interest by $________, which is less than the amount of the judicial lien sought to be avoided, such lien by be avoided pursuant to 11 U.S.C. § 522(f)(1) to the extent of only $______, and the rest of such judicial lien remains in effect. Therefore, it is ORDERED that the judicial lien held by ___________________________, and recorded in Judgment Book __, page ___, in the _________________ County records be and hereby is AVOIDED AND CANCELLED as to the property described as ____________________, and said judicial lien shall have no further force or effect as to said real property. OR ORDERED that the judicial lien held by ___________________________, and recorded in Judgment Book __, page ___, in the _________________ County records be and hereby is AVOIDED AND CANCELLED to the extent that $_________ of said judgment shall have no further force and effect against the property described as __________________________________, with the balance thereof remaining as a lien against that property to the extent enforceable under state law. American LegalNet, Inc. www.FormsWorkflow.com
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