Bankruptcy Lien How To Avoid

Avoiding Bankruptcy Lien – A debtor may avoid a Bankruptcy Lien that impairs an exemption to which the debtor is entitled, if the lien is created by a judicial proceeding such as a law suit or if the lien arises in connection with a loan other than a loan to purchase the property to which the lien attaches. For example, a loan for cash to help with household expenses secured by household furnishings or appliances, or secured by a vehicle which the debtor already owns. The provisions allowing such avoidance do not apply to liens arising by reason of domestic support obligations or in connection with a separation agreement, property settlement, divorce or certain other related matters. There are also limitations on the power of a federal court to upset a final judgment of a state court. Consult your bankruptcy attorney as to these matters.

Waiving a right to avoid Bankruptcy Lien. Any waiver of a right to avoid a lien that is provided by the Bankruptcy Code is unenforceable in a bankruptcy proceeding.

Avoiding Bankruptcy Lien

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