Lien Avoidance

Rev. 05/10/19

MOTION FOR LIEN AVOIDANCE

Overview:

A debtor may avoid a lien on property to the extent that the lien impairs an exemption to which the debtor would have been entitled. A lien shall be considered to impair an exemption to the extent that the sum of the lien, all other liens, and the amount of the exemption that the debtor could claim if there were no liens on the property, exceeds the value that the debtor's interest in the property would have in the absence of any liens.

This filing should be accompanied by the Motion, Notice of Motion, and a Proposed Order. When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.

For order format, please see Proposed Orders

Codes, Rules and Forms:

Bankruptcy Code:

522(f)

Bankruptcy Rule:

4003(d); 5003(c); 7001(2)

Local Rule:

None

Local Form:

None

CM/ECF Event(s):

Motions/Applications, Avoid Lien