**IN THE UNITED STATES BANKRUPTCY COURT**

**FOR THE NORTHERN DISTRICT OF WEST VIRGINIA**

IN RE: )

)

XXXXX XXXX XXXXXXX, ) CASE NO. XX-XXXXX

)

> Debtor . ) Chapter 13

)

**ORDER AVOIDING JUDICIAL LIEN OF
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

This matter comes before the Court on a motion to avoid a judicial lien
pursuant to 11 U.S.C. \' 522(f) and Federal Rules of Bankruptcy
Procedure 4003(d) and 9014. Having considered the motion and other
matters of record in this case, the Court finds and concludes:

1\. All parties in interest have received due notice of the motion and
no party has timely objected to the relief requested in the motion.

2\. The Debtor exempted property described as
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, with a value of
\$\_\_\_\_\_\_\_\_\_\_\_, as of the petition date.

3\. In the absence of any liens on the property, the Debtor could claim
an exemption in the property in the amount of \$\_\_\_\_\_\_\_\_
pursuant to [(e.g., W. Va. Code \' 38-10-4(a))]{.underline}, as of the
petition date.

4\. The abovementioned property is encumbered by the following liens:

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

                                                          

                                                          

                                                          

                                                          

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

5\. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ holds a
judicial lien against the property pursuant to a judgment dated
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, and recorded in Judgment Book
\_\_\_, page \_\_\_, in the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
County records, in the amount of \$\_\_\_\_\_\_\_\_\_, plus accrued
interest and attorney=s fees of \$\_\_\_\_\_\_\_ as of the petition
date.

6\. Because the total of all the liens against the property and the
value of the exemption is \$\_\_\_\_\_\_\_, which exceeds the value of
Debtor=s interest in the property by \$\_\_\_\_\_\_\_, and because that
sum is greater than or equal to the amount of the \$\_\_\_\_\_\_
judicial lien sought to be avoided, the judicial lien impairs an
exemption pursuant to 11 U.S.C. \' 522(f) and may be completely avoided
pursuant to 11 U.S.C. \' 522(f)(1).

[OR]{.underline}

6\. Because the total of all the liens and the value of the exemption is
\$\_\_\_\_\_\_, which exceeds the value of Debtor=s interest by
\$\_\_\_\_\_\_\_\_, which is less than the amount of the judicial lien
sought to be avoided, such lien by 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.

Therefore, it is

**ORDERED** that the judicial lien held by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, and recorded in
Judgment Book \_\_, page \_\_\_, in the
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ County records be and hereby is
AVOIDED AND CANCELLED as to the property described as
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, and said judicial lien shall
have no further force or effect as to said real property. It is

**FURTHER ORDERED** that this Order is to be of no force and effect
outside of this Chapter 13 bankruptcy proceeding unless, and until, the
Debtor obtains a discharge. A copy of the Order of Discharge is to
accompany any recordation of this Order.

[OR]{.underline}

**ORDERED** that the judicial lien held by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, and recorded in
Judgment Book \_\_, page \_\_\_, in the
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ County records be and hereby is
AVOIDED AND CANCELLED to the extent that \$\_\_\_\_\_\_\_\_\_ of said
judgment shall have no further force and effect against the property
described as
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
with the balance thereof remaining as a lien against that property to
the extent enforceable under state law. It is

**FURTHER ORDERED** that this Order is to be of no force and effect
outside of this Chapter 13 bankruptcy proceeding unless, and until, the
Debtor obtains a discharge. A copy of the Order of Discharge is to
accompany any recordation of this Order.