Motion to Avoid Lien - Alaska

PREPARATION GUIDE — NOT A FILING-READY DOCUMENT

This motion must be conformed to the Federal Rules of Bankruptcy Procedure, the Local Bankruptcy Rules for the District of Alaska, and any judge-specific or negative-notice procedures before filing. Verify the current Alaska (or federal) exemption amounts and confirm which exemption set the Debtor elected on Schedule C. Do not file without attorney review.

DEBTOR'S MOTION TO AVOID JUDICIAL LIEN UNDER 11 U.S.C. § 522(f)

UNITED STATES BANKRUPTCY COURT

DISTRICT OF ALASKA

DEBTOR'S MOTION TO AVOID JUDICIAL LIEN UNDER 11 U.S.C. § 522(f)

COMES NOW the Debtor, [DEBTOR NAME], by and through undersigned counsel, and moves this Court pursuant to 11 U.S.C. § 522(f) and Fed. R. Bankr. P. 4003(d) and 9014 for entry of an order avoiding the judicial lien of [CREDITOR NAME] to the extent it impairs the Debtor's exemption, and in support states as follows:

1. Jurisdiction and authority. This Court has jurisdiction under 28 U.S.C. §§ 157 and 1334. This is a core proceeding under 28 U.S.C. § 157(b)(2)(K). This Motion is brought under 11 U.S.C. § 522(f)(1)(A), which permits a debtor to avoid the fixing of a judicial 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. The Motion is governed procedurally by Fed. R. Bankr. P. 4003(d) and 9014.

2. Nature of the lien (select one).

☐ Judicial lien — § 522(f)(1)(A). The lien sought to be avoided is a judicial lien within the meaning of 11 U.S.C. § 101(36), arising from a money judgment, and is not a lien securing a domestic support obligation.

☐ Nonpossessory, nonpurchase-money security interest — § 522(f)(1)(B). The lien sought to be avoided is a nonpossessory, nonpurchase-money security interest in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, musical instruments, or jewelry held primarily for the personal, family, or household use of the Debtor or a dependent of the Debtor, or in implements, professional books, or tools of the trade.

3. The judgment and lien.

4. The property.

5. The exemption claimed.

Alaska is not an opt-out state. Under 11 U.S.C. § 522(b)(2), the Debtor elected ☐ the Alaska state exemptions (Alaska Stat. ch. 09.38) ☐ the federal exemptions (11 U.S.C. § 522(d)) on Schedule C. The Debtor claimed the following exemption in the subject property:

6. Impairment under § 522(f)(2)(A). A lien impairs an exemption to the extent the sum of (i) the lien to be avoided, (ii) all other liens on the property, and (iii) the amount of the exemption the Debtor could claim absent any liens, exceeds the value the Debtor's interest in the property would have in the absence of any liens.

7. Extent of avoidance. Because the sum on Line D exceeds the value on Line E, the lien impairs the Debtor's exemption and is avoidable under § 522(f)(2).

☐ Full avoidance. The impairment (Line F) equals or exceeds the amount of the judicial lien (Line A); the lien is avoided in its entirety.

☐ Partial avoidance. The lien is avoided to the extent of $[____] (the lesser of Line A or Line F); any non-impairing remainder survives.

8. No domestic support obligation. The lien does not secure a domestic support obligation within the meaning of 11 U.S.C. §§ 101(14A) and 523(a)(5), and is therefore not excluded from avoidance under § 522(f)(1)(A).

9. Relief requested. WHEREFORE, the Debtor respectfully requests that this Court enter an order:

(a) avoiding the judicial lien of [CREDITOR NAME] on the property described above, in full or to the extent of $[____], pursuant to 11 U.S.C. § 522(f);
(b) declaring the avoided lien void and of no effect as against the Debtor and the property;
(c) preserving the Debtor's exemption in the property; and
(d) granting such other and further relief as is just and proper.

Respectfully submitted,

_________________________________ Date: [__/__/____]
[ATTORNEY NAME], Attorney for Debtor
Alaska Bar No. [____]
[FIRM NAME, ADDRESS, PHONE, EMAIL]

NOTICE OF MOTION AND OPPORTUNITY TO OBJECT

TO THE JUDGMENT CREDITOR AND ALL PARTIES IN INTEREST: The Debtor has filed the foregoing Motion to Avoid Judicial Lien. Your rights may be affected.

If you oppose the Motion, you must file a written objection with the Clerk of the United States Bankruptcy Court for the District of Alaska and serve a copy on undersigned counsel within [____] days of the date of service stated below. If no objection is timely filed, the Court may grant the relief requested without further notice or hearing and may enter the proposed order. If an objection is timely filed, the Court will schedule a hearing and notify the parties.

CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served a copy of the foregoing Motion, the Notice, and the proposed Order on the parties below by the method indicated:

• [CREDITOR NAME], by first-class U.S. mail and, if an insured depository institution, by certified mail addressed to an officer of the institution (Fed. R. Bankr. P. 7004(h)), at [ADDRESS];
• Counsel for the judgment creditor (if known), at [ADDRESS];
• The Chapter [7/13] Trustee, at [ADDRESS];
• The Office of the United States Trustee for Region 18 (District of Alaska), at [ADDRESS];
• All other lienholders of record, at [ADDRESS]; and
• by CM/ECF to all parties registered to receive electronic notice in this case.

_________________________________
[ATTORNEY NAME], Attorney for Debtor

PROPOSED ORDER

UNITED STATES BANKRUPTCY COURT, DISTRICT OF ALASKA

In re [DEBTOR NAME], Debtor. Case No. [________]. Chapter [7/13].

ORDER AVOIDING JUDICIAL LIEN UNDER 11 U.S.C. § 522(f)

This matter came before the Court on the Debtor's Motion to Avoid Judicial Lien under 11 U.S.C. § 522(f). The Court finds that proper notice was given, that no timely objection was filed (or that any objection has been resolved or overruled), and that the lien impairs an exemption to which the Debtor is entitled. Accordingly, it is ORDERED:

1. The Motion is GRANTED.

2. The judicial lien of [CREDITOR NAME], arising from the judgment entered [__/__/____] in [COURT], case no. [________], and recorded in the [____] Recording District, State of Alaska, on [__/__/____] at [serial/instrument number], on the following property —

[PROPERTY DESCRIPTION / LEGAL DESCRIPTION]

is AVOIDED pursuant to 11 U.S.C. § 522(f) ☐ in its entirety ☐ to the extent of $[____], and is void to that extent as against the Debtor and the property.

3. The Debtor's exemption in the property is preserved.

4. Upon entry of this Order, the Debtor may record a certified copy in the [____] Recording District to evidence the avoidance of the lien of record.

SO ORDERED.

Dated: [__/__/____] _________________________________
United States Bankruptcy Judge

ALASKA PRACTICE NOTES

• NOT an opt-out state. Unlike most states, Alaska has not opted out of the federal exemptions. Under 11 U.S.C. § 522(b)(2), an Alaska debtor may elect either the Alaska state exemptions (Alaska Stat. ch. 09.38) or the federal § 522(d) exemptions, but not a mix. The exemption used in the § 522(f)(2) impairment formula is whichever set the debtor actually claimed on Schedule C — confirm the election before drafting.
• Applicable Alaska exemptions (effective April 1, 2025; verify before filing).
• Homestead — AS § 09.38.010(a)(1): $72,900 in the principal residence. The Alaska homestead is NOT doubled for a married couple filing jointly; spouses share a single $72,900 exemption, and a debtor who owns the residence jointly with another may claim only a proportional share.
• Household goods / furniture / clothing — AS § 09.38.020(a): $4,050 aggregate, with no single item valued over $800.
• Jewelry — AS § 09.38.020(b): $1,350.
• Motor vehicle — AS § 09.38.020(e)(3): $4,050, provided the total value of the vehicle does not exceed $27,000.
• Professional tools / books — AS § 09.38.020(c): $3,780.
• Alaska exemption amounts are adjusted periodically by regulation; verify the current figures on the District of Alaska exemption schedule (https://www.akb.uscourts.gov) for the petition date.
• Federal alternative. If the debtor elected the § 522(d) set, the relevant figures (subject to triennial adjustment) include homestead $31,575, household goods $16,850 aggregate ($800-per-item cap), vehicle $5,025, tools $3,175, and the wildcard $1,675 plus up to $15,800 of unused homestead. The federal homestead IS doubled for joint filers under § 522(m).
• § 522(f) mechanics. Apply the § 522(f)(2)(A) arithmetic in Paragraph 6 — sum the lien to be avoided, all other liens, and the exemption, then subtract the property's value. Avoidance is available only to the extent of impairment. Judicial liens securing domestic support obligations are not avoidable.
• No counties / recording districts. Alaska has no counties. Real property is recorded by recording district within the State Recorder's Office (Department of Natural Resources). Plead the recording district, date, and serial number so the order describes the lien with specificity and can be recorded to clear title.
• U.S. Trustee state. Alaska is administered by the U.S. Trustee (Region 18), not a Bankruptcy Administrator. Serve and copy the U.S. Trustee where required.
• Unsettled / fact-specific points. Whether a lien qualifies as a "judicial lien" (versus a consensual or statutory lien beyond § 522(f)), the proper valuation date, and the proportional-share limitation on the Alaska homestead for jointly owned property can be contested; preserve supporting evidence (appraisal, payoff statements, recorded instruments).

SOURCES AND REFERENCES

• 11 U.S.C. § 522(f) — Lien avoidance: https://www.law.cornell.edu/uscode/text/11/522
• 11 U.S.C. § 522(b)(2) — Election of federal or state exemptions: https://www.law.cornell.edu/uscode/text/11/522
• 11 U.S.C. § 522(f)(2)(A) — Impairment formula: https://www.law.cornell.edu/uscode/text/11/522
• Fed. R. Bankr. P. 4003(d), 9014, 7004(h): https://www.uscourts.gov/rules-policies
• Alaska Stat. § 09.38.010 (homestead): https://law.justia.com/codes/alaska/title-9/chapter-38/section-09-38-010/
• Alaska Stat. § 09.38.020 (household goods, vehicle, tools): https://law.justia.com/codes/alaska/title-9/chapter-38/
• U.S. Bankruptcy Court, District of Alaska — Exemptions (Schedule C) schedule: https://www.akb.uscourts.gov/exemptions-schedule-c-alaska-bankruptcy-cases
• U.S. Bankruptcy Court, District of Alaska: https://www.akb.uscourts.gov

This template assists in preparing a motion to avoid a lien under 11 U.S.C. § 522(f). Local rules may impose additional requirements. Always verify current Alaska (or federal) exemption amounts and District of Alaska procedures before filing. Not a substitute for legal advice.