The United States Bankruptcy Court

THE UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF OHIO

IN RE:
DEBTOR(S) NAME / )
)
)
)
)
)
)
)
) / CHAPTER 13
CASE NO:
BANKRUPTCY JUDGE
ORDER AVOIDING JUDICIAL LIEN
of ( Name of Judgment Lien Creditor)

This matter came on for consideration upon Debtor(s)’s Motion to Avoid Judicial Lien of the above creditor filed as PACER Docket Number: (Insert PACER Docket Number). The Debtor(s)’s motion is incorporated herein ad if fully rewritten.

Debtor’s counsel represents that all parties entitled to notice were served. No objections to this motion have been filed.

According to the formula set forth in 11 USC 522(f)(2)(A), the judicial lien held by the above creditor impairs the homestead exemption to which Debtor is entitled under ORC 2329.66(A)(1) and as such is avoidable pursuant to 11 USC 522(f)(1)(A).

The Court therefore orders that the judicial lien filed for record as follows shall be released:

(Insert Name of Lien Holder) lien number (Insert Judgement LienRecording Number), recorded on (Insert Date Lien was Recorded) in the amount of (Inset Dollar Amount of Lien) (plus interest and costs), resulting from a judgment in case number (Insert State Court CaseNumber) in the (Insert Name of State Court which issued Lien).

If the creditor has filed a claim in this case, the claim shall be paid pro rata along with the general unsecured creditors provided for in the plan.

IT IS FURTHER ORDRED that, this order is not effective in the absence of the granting of a Chapter 13 discharge. The lien of the above creditor shall be deemed released upon presentation of a copy of this order and a copy of the Chapter 13 discharge. State officials may require the copies to be certified. If the state officials refuse to release the lien upon presentation of documents and fees, recordation of a certified copy of this order and then a certified copy of the Chapter 13 discharge shall act as a release of the lien.

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Submitted and Approved by:

______

Attorney Name

Ohio Reg. No.

Street Address

City, State, Zip

Phone:

Fax:

E-mail:

______

Keith L. Rucinski, Chapter 13 Trustee

Ohio Reg. No. 0063137

Joseph A. Ferrise, Staff Attorney

Ohio Reg. No. 0084477

One Cascade Plaza, Suite 2020

Akron, OH 44308

Phone: 330.762.6335

Fax: 330.762.7072

COPIES TO:

Attorney Name, Attorney for Debtor (via ECF)

Judgement Lien Holder, Attn: Officer or Director, Address per FDIC (via regular mail)

Judgement Lien Holder Attn: Officer or Director, Address per Proof of Claim (via regular mail)

Note: If not required to serve FDIC address, it is strongly encouraged that the statutory agent for the creditor be served by regular mail.

Name, c/o Name and Address, Creditor’s Attorney (via regular mail)

Keith L. Rucinski, Chapter 13 Trustee (via ECF)

US Trustee (via ECF)

Debtor, Address, City, State, Zip (via regular mail)