Dear Stella,
Judgment liens against the debtor's home can be avoided by motion pursuant to 11 U.S.C. 522(f)(1)(A). Use Form F 4001-1.MOTION.RP, which is available on the Court's website, and in the Best Case software. I assume it's also available in the other bankruptcy software packages. The process can be done without a hearing. See LBR 4003-2 for details on the process. Two important things about service of the motion:
(1) The motion, notice, and supporting papers must be served on the holder of the lien
to be avoided in the same manner as a summons and complaint under FRBP 7004.
(2) The motion, notice, and supporting papers also must be served on any other holder
of a lien or encumbrance against the subject property.
Good luck,
Nick
Nicholas Gebelt, Ph.D., J.D.
Certified Bankruptcy Specialist
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