522 motion

[junker]

has anyone filed a 522 motion? is there a separate fee or is it included with standard filing fee? is there a separate hearing for the motion?

[justbroke]

What is this 522 Motion? Are you asking about a Motion to Determine Secured Status and Avoid Lien where a lien impacts an exemption under 11 USC 522(f)??? This is a separate hearing. Some Districts allow "negative noticing" so there may not be a need for an actual hearing, but the Motion certainly needs to be served properly upon the creditor. There is no Court fee for filing this Motion. A Debtor can even file a complaint (AP) without a filing fee.

I have two motions that I prepared but never had to serve. One was for Citifinancial, but they filed as unsecured. The other Motion was for Beneficial, but they messed up their claim and never filed a UCC-1, so I was able to object to their claim on that basis.

What are you trying to do?

[junker]

yes, i am talking about motion to avoid lien, due to infringement on exemption.. i have abstract lien that i will want to avoid if it becomes necessary to file bk...the lien is 5 years old so it is perfected. i was just wondering if i would file it at same time and with same papers as regular bk..and if anyone has had a problem in a similar situation...

[justbroke]

Whether you can file on the same day as the petition, may be a procedural question you could ask the Clerk of the Bankruptcy Court in your District. Procedurally, I don't think it matters if you file on day one (also known as "first day" motions), but you must serve it properly.

[SCTiger]

Does anyone have a sample form or template? I have to file one of these as well.

[justbroke]

Does anyone have a sample form or template? I have to file one of these as well.

I might could be talked into it.

However, try this one... http://forms.lp.findlaw.com/form/cou.../mtb000032.pdf, or just search Google for "Motion to Avoid Lien 11 USC 522". (Please be careful with these forms... they have some "local" rule information in them! Also, negative noticing is used in some examples, and negative noticing may not be available to you, or require a different "legend" that is more conspicuous than the one on the example.)

Please note that many Districts have "templates" already. Please check your Bankruptcy District Court's website for "Local Forms" or somesuch.

[MSbklawyer]

yes, i am talking about motion to avoid lien, due to infringement on exemption.. i have abstract lien that i will want to avoid if it becomes necessary to file bk...the lien is 5 years old so it is perfected. i was just wondering if i would file it at same time and with same papers as regular bk..and if anyone has had a problem in a similar situation...

What kind of lien are you trying to avoid? A judgment lien? A consensual lien? A non-purchase money non-possessory lien on household goods?

Not every lien that impairs an exemption is avoidable. Based on what you've said, I wouldn't know which form to send you. The one jb has in his post would be good for adapting to you situation.

[justbroke]

What kind of lien are you trying to avoid? A judgment lien? A consensual lien? A non-purchase money non-possessory lien on household goods?

Good point. From what I know, in writing a few motions myself to avoid several liens, only the judgment (with restrictions0 and non-possessory non-PMSI on "household" goods is avoidable under 522(f). Is that true?

[MSbklawyer]

Good point. From what I know, in writing a few motions myself to avoid several liens, only the judgment (with restrictions0 and non-possessory non-PMSI on "household" goods is avoidable under 522(f). Is that true?

"Household goods" is the shorthand phrase that is used when people are referring to 522(f)(1)(B). But the statute is actually a bit broader than that and actually says "household furnishings, household goods, wearing apparel, appliances, books, animals, crops, musical instuments, or jewelry that are held primarily for the personal, family or household use of the debtor or a dependent of the debtor."

Judgment liens are covered by 522(f)(1)(A) -- but yes, I think you're right. 522(f) avoidance only applies to those kinds of liens.

So, when one of these scum-sucking, bottom-feeding, "family finance" places takes a non-possessory interest in the family pooch, the lien can be avoided.

That used to be a favorite trick, btw, take a lien against the dog. You don't pay the loan back, I'm coming to get your kids' dog.

[justbroke]

That used to be a favorite trick, btw, take a lien against the dog. You don't pay the loan back, I'm coming to get your kids' dog.

The household dog... you have got to be kidding? At least the mob would just break your legs... but take the kid's pet? That's just cruel!

[MSbklawyer]

The household dog... you have got to be kidding?

Nope. That's precisely why that word was put in that section when the new bankruptcy code was enacted back in the 70s.

[junker]

it is a judgment lien, from a old mbna acct, the jdb did a asset search, and at the time i had a house in this county, but i sold the house the day they served the summons, and moved out of state, they got default judgment, and im guessing thought i still owned the house and filed for abstract judgment with county, 3 years later i moved back to same county and bought another house, abstract judgment is still on record of course, but i have high exemption now, so they couldnt force sale. i am trying to hold off and hope they dont renew judgment, but if they do, or others file for judgments, i will file. it should be removable as it would impair my exemption..
and from my understanding thats what it takes to be avoided...

[WaitNSee]

So, when one of these scum-sucking, bottom-feeding, "family finance" places takes a non-possessory interest in the family pooch, the lien can be avoided.

That used to be a favorite trick, btw, take a lien against the dog. You don't pay the loan back, I'm coming to get your kids' dog.

That's gotta be just a MS thing, right? I used to work for a loan company in MS many moons ago...sounds like something our collectors would have said.