Motion to Avoid Lien
Motion to Avoid Lien
A Motion to Avoid Lien is a legal document filed by a debtor in a bankruptcy case to request the removal of a lien on the debtor’s property. A lien is a legal claim or interest that a creditor has in the debtor’s property as security for a debt. In some cases, however, the lien may impair the debtor’s exemptions or may be avoidable under bankruptcy law. For example, a judgment lien on the debtor’s home may be avoidable if it impairs the debtor’s homestead exemption. The Motion to Avoid Lien must be filed with the bankruptcy court and must include specific information about the lien and the grounds for avoidance. If the motion is granted, the lien will be removed from the debtor’s property and the creditor will be treated as an unsecured creditor in the bankruptcy case.