Sample Motion to Avoid Lien

UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

IN RE: §
§
Debtor § CASE NO.
§
Debtor(s) §

MOTION TO AVOID LIEN
TO THE HONORABLE JUDGE OF THIS COURT:
COME NOW, Debtor(s) in the above-numbered and styled cause, and file this Motion to Avoid Lien, and would respectfully show the Court as follows:

1.This Court has jurisdiction over this matter pursuant to 11 U.S.C. §105 and 28 U.S.C. §1334. This matter constitutes a core proceeding pursuant to 28 U.S.C. §157 (b).

2.Debtor(s) filed a Voluntary petition for relief under Chapter 7 of the Bankruptcy Code.

3.This motion is brought pursuant to 11 U.S.C. Section 522 (f)(1)(B) and Bankruptcy Rules 4003 (d) and 9014 to avoid a lien placed against the Debtor’(s) personal property.

4.A non-purchase money lien was placed on Debtor’(s) personal property by CREDITOR NAME.

5.Debtor(s) personal property has been exempted under 11 U.S.C. §522(d).

6.The existence of the lien impairs the exemptions that Debtor(s) are entitled under 11 U.S.C. §522(d).

WHEREFORE, PREMISES CONSIDERED, Debtor(s) pray for an Order of this Court avoiding the non-purchase money lien placed against the property and granting Debtor(s) such other and further relief as the Court deems just and proper.

Dated:
Respectfully Submitted,

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