IMPORTANT: THIS IS A PREPARATION GUIDE — NOT A FILING-READY DOCUMENT

Bankruptcy court filings must comply with the Federal Rules of Bankruptcy Procedure,
local court rules, and any judge-specific requirements. This template provides
substantive legal content to help you draft — but it must be reviewed by a qualified
bankruptcy attorney and adapted to your local court's requirements before filing.
Check your district's local rules at https://www.uscourts.gov/rules-policies.

MOTION TO AVOID JUDICIAL LIEN ON EXEMPT PROPERTY

UNITED STATES BANKRUPTCY COURT

_____________ DISTRICT OF _____________

MOTION TO AVOID JUDICIAL LIEN

PURSUANT TO 11 U.S.C. § 522(f)

The Debtor(s), _________________________________, by and through undersigned counsel (or pro se), respectfully move(s) this Court for an order avoiding the judicial lien of _________________________________ [Creditor Name] on Debtor's exempt property, and in support thereof state(s) as follows:

PART 1: INTRODUCTION AND RELIEF REQUESTED

Section A: Nature of Motion

1. This Motion is filed pursuant to 11 U.S.C. § 522(f)(1) and Federal Rule of Bankruptcy Procedure 4003(d).

2. The Debtor(s) seek(s) to avoid a judicial lien that impairs an exemption to which the Debtor(s) would have been entitled under 11 U.S.C. § 522(b).

3. The judicial lien was obtained by the creditor identified below and attaches to property in which the Debtor(s) claim(s) an exemption.

Section B: Relief Requested

WHEREFORE, the Debtor(s) respectfully request(s) that this Court:

☐ Enter an order avoiding the judicial lien described herein

☐ Declare the lien null and void as against the Debtor(s)

☐ Order the creditor to release the lien

☐ Award the Debtor(s) costs and attorney's fees as permitted by law

☐ Grant such other and further relief as is just and proper

PART 2: CREDITOR INFORMATION

Section A: Judgment Creditor Identification

Section B: Judgment Information

PART 3: PROPERTY DESCRIPTION

Section A: Type of Property

Property Subject to Lien:

☐ Real Property (Residence)
☐ Real Property (Other)
☐ Motor Vehicle
☐ Household Goods and Furnishings
☐ Tools of Trade
☐ Other Personal Property: _________________________

Section B: Detailed Property Description

For Real Property:

For Motor Vehicle:

For Personal Property:

Section C: Property Value

PART 4: EXISTING LIENS AND ENCUMBRANCES

Section A: Priority Liens (Senior to Judgment Lien)

Total Amount of Senior Liens: $______________

Section B: The Judicial Lien Being Avoided

Section C: Junior Liens (If Any)

PART 5: EXEMPTION CLAIMED

Section A: Exemption Scheme

The Debtor(s) claim(s) exemptions under:

☐ Federal Exemptions (11 U.S.C. § 522(d))
☐ State Exemptions: State of _________________________
☐ Combination (where permitted)

Section B: Specific Exemption

Common Exemption Types:

☐ Homestead Exemption
State: _____________ Maximum: $_____________

☐ Motor Vehicle Exemption
State: _____________ Maximum: $_____________

☐ Household Goods Exemption
State: _____________ Maximum: $_____________

☐ Tools of Trade Exemption
State: _____________ Maximum: $_____________

☐ Wildcard Exemption
State: _____________ Maximum: $_____________

Section C: Exemption Previously Claimed

☐ Exemption was claimed on Schedule C filed with bankruptcy petition
☐ Amended Schedule C is filed concurrently with this Motion
☐ Exemption will be claimed upon approval of this Motion

PART 6: LIEN IMPAIRMENT CALCULATION

Section A: Statutory Formula

Under 11 U.S.C. § 522(f)(2)(A), a lien is considered to impair an exemption to the extent that the sum of:

(i) The lien being avoided
(ii) All other liens on the property, and
(iii) The amount of the exemption the debtor could claim

exceeds the value of the debtor's interest in the property.

Section B: Calculation Worksheet

Section C: Impairment Determination

☐ FULL AVOIDANCE: The judicial lien can be avoided in full because Line F equals or exceeds Line B.

☐ PARTIAL AVOIDANCE: The judicial lien can be avoided in part. The avoidable portion is $_____________ (the lesser of Line B or Line F).

☐ NO AVOIDANCE: The lien does not impair the exemption (Line F is zero or negative).

PART 7: LEGAL ARGUMENT

Section A: Statutory Authority

1. Section 522(f)(1)(A) of the Bankruptcy Code provides that a debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b), if such lien is a judicial lien, other than a judicial lien that secures a debt:
   - For a domestic support obligation; or
   - To the extent it is a lien described in section 523(a)(5)

2. The lien at issue is a judicial lien that does not secure a domestic support obligation.

Section B: Elements Satisfied

The Debtor(s) satisfy all requirements for lien avoidance:

☐ The lien is a judicial lien - The lien arose from a court judgment, not from a consensual security agreement or statutory lien.

☐ The property is exempt - The Debtor(s) have properly claimed an exemption in the property under applicable federal or state law.

☐ The lien impairs the exemption - As calculated above, the judicial lien impairs the Debtor's exemption by $_____________.

☐ The lien does not secure a domestic support obligation - The underlying debt is not alimony, maintenance, or child support.

Section C: Effect of Lien Avoidance

Upon entry of an order avoiding this lien:

1. The lien shall be void as against the Debtor(s)
2. The creditor shall have no lien rights in the subject property
3. The creditor shall execute any documents necessary to release the lien of record
4. The Debtor's exemption in the property shall be preserved

PART 8: SUPPORTING DOCUMENTATION

Section A: Exhibits Attached

☐ Exhibit A - Copy of Judgment creating the lien
☐ Exhibit B - Abstract of Judgment/Judgment Lien Recording
☐ Exhibit C - Evidence of Property Value (appraisal, tax assessment, comparable sales)
☐ Exhibit D - Schedule A/B (Real and Personal Property)
☐ Exhibit E - Schedule C (Exemptions)
☐ Exhibit F - Schedule D (Secured Creditors)
☐ Exhibit G - Title Report or Property Records (for real property)
☐ Exhibit H - Vehicle Title (for motor vehicles)
☐ Exhibit I - Mortgage/Deed of Trust Statements showing balances

Section B: Documentation Checklist

For Real Property:
☐ Deed showing ownership
☐ Title report or property search
☐ Current mortgage statement(s)
☐ Property appraisal or tax assessment
☐ Abstract of judgment showing recording

For Personal Property:
☐ Evidence of ownership
☐ Evidence of value
☐ Security agreements (if any senior liens)
☐ Judgment and recording documentation

PART 9: SERVICE AND NOTICE

Section A: Service Requirements

This Motion shall be served pursuant to Federal Rules of Bankruptcy Procedure 4003(d) and 7004 on:

☐ The judgment creditor at the address shown above
☐ The judgment creditor's attorney (if known)
☐ The Chapter 7/13 Trustee
☐ The United States Trustee
☐ Any other lienholder of record

Section B: Certificate of Service

I hereby certify that on _____________, I served a copy of this Motion and all exhibits on all parties listed above by:

☐ First-class mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic filing (ECF) notification
☐ Personal service

Signature: _________________________ Date: _____________

PART 10: PROPOSED ORDER

ORDER AVOIDING JUDICIAL LIEN

This matter came before the Court on the Debtor's Motion to Avoid Judicial Lien pursuant to 11 U.S.C. § 522(f). The Court, having reviewed the Motion and any responses filed, and being fully advised in the premises, hereby ORDERS:

1. The Motion to Avoid Judicial Lien is GRANTED.

2. The judicial lien of _________________________________ [Creditor], in the amount of $_____________, recorded on _____________ at _____________ [recording reference], on the following property:

_______________________________________________________________________

is hereby AVOIDED and declared NULL AND VOID as to the Debtor(s).

3. The creditor shall, within _____ days of entry of this Order, execute and deliver to the Debtor any documents necessary to release this lien of record.

4. If the creditor fails to execute a release within the time specified, the Debtor may record a certified copy of this Order to accomplish the release of lien.

5. The Debtor's exemption in the above-described property is preserved.

ORDERED this _____ day of _____________, 20_____.

_________________________________
United States Bankruptcy Judge

STATE-SPECIFIC VARIATIONS

Homestead Exemption States

Unlimited Homestead (Texas, Florida, Kansas, others):
- Entire equity may be exempt
- Judicial liens fully avoidable regardless of equity

Capped Homestead:
- California: Varies by county and circumstances ($300,000 - $600,000+)
- New York: Varies by county ($75,000 - $150,000+)
- Check current state exemption amounts

Recording Requirements

Abstract States:
- Judgment lien arises when abstract filed with county recorder
- Motion must reference recording information

Docketing States:
- Judgment lien arises when docketed with court clerk
- Reference docket book and page number

Federal vs. State Exemptions

Opt-Out States (state exemptions only):
- California (but allows federal nonbankruptcy exemptions)
- Florida
- Texas
- New York
- And many others

Non-Opt-Out States (debtor chooses federal or state):
- Connecticut
- Massachusetts
- Michigan
- And others

PRACTICE NOTES FOR ATTORNEYS

Common Issues and Pitfalls

1. Timing: File motion before discharge to preserve avoidance rights

2. Valuation Disputes: Be prepared to support valuation with evidence; creditors may challenge

3. Multiple Properties: Calculate impairment separately for each property

4. Partial Avoidance: If lien only partially impairs exemption, only partial avoidance available

5. Post-Petition Appreciation: Some courts use petition date value; others use current value

Strategic Considerations

☐ Consider whether to file as contested or uncontested matter
☐ Check local rules for hearing requirements
☐ Determine if creditor is likely to object
☐ Evaluate cost-benefit of avoiding lien vs. lien amount

Creditor Objection Grounds

Creditors commonly object on these bases:
- Property value is higher than debtor claims
- Senior lien amounts are overstated
- Exemption is improper or over-claimed
- Lien is not a "judicial lien" (e.g., mechanic's lien, tax lien)
- Lien secures domestic support obligation

CERTIFICATION

The undersigned certifies under penalty of perjury:

☐ The information provided in this Motion is true and correct to the best of my knowledge
☐ The exemption claimed has been or will be properly scheduled
☐ The valuation stated reflects the fair market value of the property
☐ All liens on the property have been disclosed

Debtor Signature: _________________________ Date: _____________

Debtor Signature: _________________________ Date: _____________

Attorney Signature: _________________________ Date: _____________
(if represented)

Attorney Name: _________________________
Bar Number: _____________
Address: _________________________
Phone: _____________
Email: _________________________

This template is designed to assist in preparing motions to avoid judicial liens under 11 U.S.C. § 522(f). Local rules may impose additional requirements or procedures. Always verify current exemption amounts and filing procedures with local bankruptcy court rules.