Lien avoidance

Lien avoidance

In bankruptcy the debtor, by way of a "Motion to Avoid Lien", can avoid certain liens that attached to the debtor's exempt property prior to the filing of the bankruptcy petition. This action is often used to clear title to land from a judgment lien arising out of pre-petition activity in a state court.


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  • Lien (disambiguation) — Lien may refer to:In law:* Lien, the broadest term for any sort of charge or encumbrance against an item of property that secures the payment of a debt * Lien avoidance, action taken to clear title to land from a judgment lien arising out of pre… …   Wikipedia

  • avoidance of lien — Liens may, in some circumstances, be released or avoided by the court. Generally, liens may be avoided that are (1) preferential, (2) unsupported by value after prior liens, or (3) interfering with an individual debtor s exemptions. also see… …   Glossary of Bankruptcy

  • avoidance powers — Rights given to the bankruptcy trustee or the debtor in possession to recover certain transfers of property such as preferences or fraudulent transfers or to void liens created before the commencement of a bankruptcy case (SA Bankruptcy.com)… …   Glossary of Bankruptcy

  • lien — a charge upon a specific property designed to secure payment of a debt or performance of an obligation (Glossary of Common Bankruptcy Terms) A charge against or interest in property to secure payment of a debt or performance of an obligation. A… …   Glossary of Bankruptcy

  • avoidance — The Bankruptcy Code permits the debtor to eliminate (avoid) some kinds of liens that interfere with (or impair) an exemption claimed in the bankruptcy. Most judgment liens that have attached to the debtor s home can be avoided if the total of the …   Glossary of Bankruptcy

  • judicial lien — One obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding. Within meaning of Bankruptcy Code lien avoidance section, is charge against or interest in property to secure payment of debt, obtained by judgment… …   Black's law dictionary

  • judicial lien — One obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding. Within meaning of Bankruptcy Code lien avoidance section, is charge against or interest in property to secure payment of debt, obtained by judgment… …   Black's law dictionary

  • Bankruptcy in the United States — The United States Constitution (Article 1, Section 8, Clause 4) authorizes Congress to enact uniform Laws on the subject of Bankruptcies throughout the United States. Congress has exercised this authority several times since 1801, most recently… …   Wikipedia

  • Chapter 7, Title 11, United States Code — Bankruptcy in the United States Bankruptcy in the United States Authority · History U.S. Trustee Court  …   Wikipedia

  • Bankruptcy Abuse Prevention and Consumer Protection Act (US) — Bankruptcy Abuse Prevention and Consumer Protection Act Full title An Act to amend title 11 of the United States Code, and for other purposes. Acronym BAPCPA Colloquial name(s) Bankruptcy Reform Enacted by the …   Wikipedia

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