**IN THE UNITED STATES BANKRUPTCY COURT**

**FOR THE NORTHERN DISTRICT OF WEST VIRGINIA**

IN RE: )

)

XXXXX XXXX XXXXXXX, )

SSN: XXX-XX-XXXX ) CASE NO. XX-XXXXX

)

Debtor. ) Chapter \_\_

)

**MOTION TO AVOID JUDICIAL LIEN OF \_\_\_\_\_\_\_\_**

The Debtor moves for an order pursuant to 11 U.S.C. § 522(f) and Federal
Rules of Bankruptcy Procedure 4003(d) and 9014 to avoid the judicial
lien held by\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_("Respondent")
and in support of this motion states:

1\. The Debtor filed a voluntary petition under Chapter \_\_\_ of the
Bankruptcy Code on \_\_\_\_\_\_\_\_\_\_\_\_\_\_.

2\. Respondent holds a judicial lien in the following property:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_("the
Property"). The Respondent's judicial lien is based upon a judgment or
abstract of judgment that was recorded in the real property records of
\_\_\_\_\_\_\_\_\_\_\_\_ County on \_\_\_\_\_\_\_\_\_\_ in Judgment Book
\_\_\_\_\_\_\_, Page \_\_\_\_\_\_\_. A copy of such judgment or abstract
of judgment is attached hereto as Exhibit A.

3\. The value of the property as of the petition date was
\$\_\_\_\_\_\_\_\_, which value is based on [(describe basis for
valuation, such as an appraisal, and state the date of any such
valuation]{.underline})\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

4\. The Debtor has claimed an exemption in the Property, or is in
conjunction herewith submitting an amended exemption list on Schedule C
pursuant to Federal Rule of Bankruptcy Procedure 1009(a) that claims an
exemption in the abovementioned property. In the absence of any liens on
the Property, the Debtor states that the Debtor would be entitled to an
exemption in the amount of \$\_\_\_\_\_\_\_\_ pursuant to
\_\_\_\_\_\_\_\_\_\_\_\_\_ (e.g., W. Va. Code § 38-10-4(a)), as of the
petition date.

5\. As of the petition date, the Property was subject to the following
liens: (If there is more than one judicial lien, state the relative
priority between the judicial liens. *Emphasize the judicial lien to be
avoided*)

  -------------------------------- ---------------------- ----------------
  Creditor                         Type of lien (e.g.,    Balance owed as
                                   deed of trust,         of the petition
                                   mortgage, statutory,   date
                                   judicial)              

                                                          

                                                          

                                                          

                                                          

                                                          
  -------------------------------- ---------------------- ----------------

6\. The Debtor states that the Respondent's lien impairs the Debtor's
exemption following the formula set forth in 11 U.S.C. § 522(f)(2):

A. Enter the total of all liens listed in paragraph 5
\$\_\_\_\_\_\_\_\_\_\_

B. Enter the amount of the exemption that could be

claimed in the Property in the absence of any liens

as stated in paragraph 4 \$\_\_\_\_\_\_\_\_\_\_

C. Add paragraphs A and B and enter the total \$\_\_\_\_\_\_\_\_\_\_

D. Enter the value of the Property as stated in

paragraph 3 \$\_\_\_\_\_\_\_\_\_\_

E. Subtract paragraph D from paragraph C and

enter the total. (If the result is 0 or less, then the judicial

lien cannot be avoided) \$\_\_\_\_\_\_\_\_\_\_

7\. Because the total of all liens on the Property and the value of the
exemption, as stated in paragraph C, is \$\_\_\_\_\_\_\_, which exceeds
the value of Debtor's interest in the Property by \$\_\_\_\_\_\_\_, as
stated in paragraph E, and because that sum equals or exceeds the amount
of the judicial lien of \$\_\_\_\_\_\_\_ sought to be avoided, the
Respondent's judicial lien may be completely avoided pursuant to 11
U.S.C. § 522(f)(1).

[OR]{.underline}

7\. Because the total of all liens on the Property and the value of the
exemption, as stated in paragraph C, is \$\_\_\_\_\_\_, which exceeds
the value of Debtor's interest in the Property by \$\_\_\_\_\_\_\_\_\_,
as stated in paragraph E, which is less than the amount of the
Respondent's judicial lien of \$\_\_\_\_\_\_, such judicial lien may be
avoided pursuant to 11 U.S.C. § 522(f)(1) to the extent of only
\$\_\_\_\_\_\_\_, and the rest of such judicial lien remains in effect.

**WHEREFORE**, the Debtor respectfully requests the Court for an order
that:

A. Avoids the judicial lien held by \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to
the extent sought in this motion, and

B. Grants such other and further relief as is fair and equitable.

This the \_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_\_\_\_.

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Attorney for Debtor

(Name)

(Address)

(Telephone Number)