Motion To Avoid Judicial Lien On Real Property {717}

717 - MOTION TO AVOID JUDICIAL LIEN ON REAL PROPERTY PURSUANT TO 11 U.S.C. § 522(f)(1)(A). This form is used in the United States Bankruptcy Court for the District of Oregon by a debtor seeking to eliminate a judicial lien that impairs an exemption to which the debtor is entitled under bankruptcy law. Judicial liens, which are created when a creditor wins a court judgment and records it against a debtor's real property, can negatively affect a debtor's ability to protect their home or other real estate in bankruptcy. This motion allows the debtor to request that the court remove such a lien, either in full or in part, if it interferes with the debtor’s right to claim a homestead or other statutory exemption. The debtor must provide detailed information including the lienholder’s identity, the balance and origin of the lien, a legal description and market value of the affected property, the amounts owed to other lienholders with higher priority, and the value of the debtor's exempt interest that is being impaired. The motion includes a notice to the lienholder, informing them of their right to object within 14 days. If no objection is filed, the court may grant the motion without further proceedings. If the motion is granted, the lien is either entirely removed or reduced, thereby preserving the debtor's exempt equity in the property. www.FormsWorkflow.com