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Motion to avoid Judicial lean on property

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    Motion to avoid Judicial lean on property

    I may have a judgment lien put on my personal property (homestead : mobile home).
    if I can not file petition before Judgement.

    I have prepared Motion to avoid judicial lean on personal property i will submit to the court and any necessary attachments ( Will check with my civil court rules )?

    ? Do I notify the the creditors (my intent to avoid Lien)?

    If anyone has filed such a motion it would help me to know the procedural steps.

    Also; do I state (avoidance of lien )On form CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION ?

    Working hard to complete petition before Judgment, Thanks for your input.

    #2
    I know you have been trying to figure out the entire "homestead" thing, but you just listed that this is a homesteaded trailer. I wouldn't worry about this just yet. You have other issues with that mobile home and whether it's actually homesteaded, if I remember correctly.

    Remember, you can only avoid a non-consensual (judicial) lien to the extent that it impairs an exemption!
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Just to be certain I spoke with a lawyer and confirmed personal property (Mobile home) used as residences is exempt under Federal Law. However his concern (as a Pro Se) was that the creditor may argue that fraud was committed due to the fact I used the credit cards for cash withdrawal (needed to pay rent ) and never had any intentions to pay back.

      I am sure many people fall under this scenario.

      Comment

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