522(f)(1) Lien Avoidance

Bankruptcy Law provides several ways in which a debtor can clear off liens on the principle residence or homestead. The first is 11 U.C.S.A. section 522(f)(1) which allows a debtor to avoid a judgment lien that impairs an exemption that the debtor is claiming in real estate or the "homestead exemption". The debtor must meet a couple of requirements. First, debtor must be claiming the property as a permanent place to live. Second the debtor must show that the lien impairs or reduces the amount of equity in the property that would otherwise be exempt under the homestead law. The obtaining of a bankruptcy discharge does not by itself accomplish judgment lien avoidance. The debtor must raise the matter in a proper procedural manner by "motion" before the judge with supporting documents and proof. If the judge is satisfied, a separate lien avoidance order is entered which can then be filed in the county clerks office where the deed to the property is located.

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506(a) Lien Strip (Chapter 13 only)

Lien stripping is only available in a Chapter 13 case. Procedurally it must be brought before a bankruptcy Judge on a "Motion to Value" real estate. A bankruptcy discharge alone does not accomplish a "Lien Strip". Lien Strip differs from Lien Avoidance in that it allows a bankruptcy debtor to avoid consensually granted second and third mortgage liens in situations where the liens are under secured.  There are several other technical requirements that must be met. Consult with us in a personal confidential interview to see whether lien strip is available for your financial situation.