Rule 4003-2

Lien Avoidance

(a)  Form.  A request for lien avoidance under Code § 522(f) that is not included in a plan must be by motion.  A motion to avoid a lien that impairs an exemption under Code § 522(f) must comply with LR 9004-1. The motion must describe the property subject to the lien. In the case of real property and in counties where recorded information is available on-line, the motion must include the county recorder number of the document evidencing the lien.

(b)  Notice of motion.  Contemporaneously with the filing of the motion, the debtor must file a form of notice stating that any response or objection must be filed within fourteen (14) days of service of the notice.

(c)  Service.  The debtor must serve the motion and notice on all affected lienholders and parties and file a certificate of service.

(d)  Entry of order.  If an objection to the motion is not timely filed and served, the debtor may file certificate of service and of no objection and lodge an order granting the relief requested.

(e)  Procedure on objection.  If a timely objection is filed and served, the debtor must obtain a hearing date and serve a notice of the hearing on the objecting party and file a certificate of service.

 


Notes 2018:  Language simplified and LR updated to reflect that lien avoidance may be accomplished through a plan. 

Back to Local Rules list Previous    •    Next