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Default Judgment Re Complaint To Avoid Junior Lien On Principal Residence F 4003-2.5.DEFAULT.JUDGMENT - California
| Default Judgment Re Complaint To Avoid Junior Lien On Principal Residence Form. This is a California form and can be used in 1010-1 Thru F 9075-1 Local USBC Central Federal . |
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Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address FOR COURT USE ONLY Attorney for: Debtor(s) appearing without attorney UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - _________________________ DIVISION In re: CASE NO.: CHAPTER 13 Debtor(s). ADVERSARY NO.: Plaintiff(s), DEFAULT JUDGMENT RE COMPLAINT TO AVOID JUNIOR LIEN ON PRINCIPAL RESIDENCE [11 U.S.C. § 506(a)(d), FRBP 3012] DATE: TIME: COURTROOM: PLACE: vs. Defendant. On _______________________________, a hearing was held to address the Debtor's Motion For Default Judgment re Complaint To Avoid Junior Lien on Real Property (the "Motion"). Plaintiff(s) moved for a determination that Defendant's claim is wholly unsecured, and to avoid the junior lien related to the deed of trust, mortgage, or other encumbrance (hereinafter, "Junior lien") encumbering the following real property ("Property"): Street Address: ___________________________________________________________________ Unit Number: ____________________ City, State, Zip Code: _______________________________________________________________ This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. February 2013 Page 1 F 4003-2.5.DEFAULT.JUDGMENT The Motion requested that judgment be entered in favor of Plaintiff(s): ___________________________, against Defendant: ______________________________, based on the Motion. Based upon the findings and conclusions made at the hearing, IT IS ORDERED THAT: 1. The Property is valued at no more than $ _______________________. 2. Defendant's claim related to the Junior lien shall be allowed as a non-priority general unsecured claim in the amount per the filed Proof of Claim. 3. Avoidance of Defendant's Junior lien is contingent upon Debtor's completion of the chapter 13 plan and the Debtor's receipt of a chapter 13 discharge. 4. Defendant shall retain its lien in the junior position for the full amount due under the corresponding note and lien in the event of either the dismissal of Debtor's chapter 13 case, the conversion of Debtor's chapter 13 case to any other chapter under the United States Bankruptcy Code, if Debtor completes the chapter 13 plan but does not receive a discharge, or if the Property is sold or refinanced prior to Debtor's receipt of chapter 13 discharge. 5. In the event that the holder of the first position lien or any senior lien on the Property forecloses on its interest and extinguishes Defendant's lien rights prior to Debtor's completion of the chapter 13 plan and receipt of a chapter 13 discharge, Defendant's lien shall attach to the proceeds greater than necessary to pay the senior lien, if any, from the foreclosure sale. 6. See attached continuation page for additional provisions. Dated: ____________________ __________________________________________ United States Bankruptcy Judge This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. February 2013 Page 2 F 4003-2.5.DEFAULT.JUDGMENT NOTICE OF ENTERED ORDER AND SERVICE LIST Notice is given by the court that a judgment or order entitled (specify): DEFAULT JUDGMENT RE COMPLAINT TO AVOID JUNIOR LIEN ON PRINCIPAL RESIDENCE [11 U.S.C. § 506(a)(d), FRBP 3012] was entered on the date indicated as "Entered" on the first page of this judgment or order and will be served in the manner stated below: 1. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) B Pursuant to controlling General Orders and LBRs, the foregoing document was served on the following persons by the court via NEF and hyperlink to the judgment or order. As of (date)________________, the following persons are currently on the Electronic Mail Notice List for this bankruptcy case or adversary proceeding to receive NEF transmission at the email addresses stated below. Service information continued on attached page 2. SERVED BY THE COURT VIA UNITED STATES MAIL: A copy of this notice and a true copy of this judgment or order was sent by United States mail, first class, postage prepaid, to the following persons and/or entities at the addresses stated below: Service information continued on attached page 3. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which bears an AEntered@ stamp, the party lodging the judgment or order will serve a complete copy bearing an AEntered@ stamp by United States mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the following persons and/or entities at the addresses, facsimile transmission numbers, and/or email addresses stated below: Service information continued on attached page This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. February 2013 Page 3 F 4003-2.5.DEFAULT.JUDGMENT
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