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Debtors Motion For Default Judgment RE Complaint To Avoid Junior Lien F 4003-2.5.JR.LIEN.DEFAULT.MOTION - California
| Debtors Motion For Default Judgment RE Complaint To Avoid Junior Lien 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 Plaintiff(s) appearing without attorney Attorney for Plaintiff(s) UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - **SELECT DIVISION** In re: CASE NO.: CHAPTER 13 ADVERSARY NO.: Debtor(s). DIVISION DEBTOR'S MOTION FOR DEFAULT JUDGMENT RE COMPLAINT TO AVOID JUNIOR LIEN ON PRINCIPAL RESIDENCE [11 U.S.C. § 506(a),(d), FRBP 3012] Plaintiff(s), vs. DATE: TIME: COURTROOM: PLACE: Defendant. NAME OF CREDITOR HOLDING JUNIOR LIEN: 1. Name of Defendant(s) against whom default judgment is sought: _________________________________________ _____________________________________________________________________ (Defendant). Plaintiff(s) filed the complaint in the above-captioned proceeding on The summons and complaint were served on Defendant by on the following date . personal service . mail service 2. 3. 4. A conformed copy of the completed Return of Summons form is attached hereto. This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2012 Page 1 F 4003-2.5.JR. LIEN.DEFAULT.MOTION 5. The time for filing an answer or other response expired on 6. 7. No answer or other response has been filed or served by Defendant. The default of Defendant: a. b. has not yet been entered, but is hereby requested. was entered on . . 8. A Status Conference: a. is scheduled for (specify date, time, and place) ______________________________________ ____________________________________________________________________________ was held on (specify date, time, and place) _________________________________________ ____________________________________________________________________________ b. 9. DECLARATION OF NON-MILITARY STATUS: No defendant named in paragraph 1 above is in the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (Pub. L. 108-189) (50 U.S. Code App. §§ 501-594). The undersigned declares under penalty of perjury that this statement of defendant's non-military status is true and correct and is made under penalty of perjury under the laws of the United States based upon the undersigned's review of said Defendant's Statement of Affairs and Statement of Income and Expenditures filed in this case and is based upon the undersigned's lack of any information or belief that there has been any change of circumstances as to the defendant's non-military status. Defaulting party is not an infant or incompetent party. 10. 11. Property at Issue: Plaintiff moves to avoid the junior deed of trust, mortgage or other encumbrance (Junior Lien) encumbering the following real property (Property), which is principal residence of Plaintiff(s). Street Address: ___________________________________________________________________________ Unit Number.: ______________ City, State, Zip Code: _______________________________________________________________________ Legal description or document recording number (including county of recording): See attached page. This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2012 Page 2 F 4003-2.5.JR. LIEN.DEFAULT.MOTION 12. Grounds for Determining Unsecured Status and Avoidance of Junior Lien: , the Property is subject to the following liens in the amounts specified securing the debt a. As of against the Property, which the Debtor seeks to have treated as indicated: i. in the amount of $ ii. is iii. is is not to be avoided; is not to be avoided; in the amount of $ in the amount of $ See attached page for additional lien(s). b. As of , Property is worth no more than $ . c. As a result, Defendant's claim related to the Junior Lien on the Property is wholly partially unsecured. 13. Evidence in Support of Motion: a. The amount of the 1st lien identified in paragraph 12(a)(i) is based on attached hereto and identified as Exhibit The amount of the 2nd lien identified in paragraph 12(a)(ii) is based on attached hereto and identified as Exhibit The amount of the 3rd lien identified in paragraph 12(a)(iii) is based on attached hereto and identified as Exhibit The relative priority of the liens encumbering the Property is established by evidence attached as . Exhibit The value of the Property from paragraph 3(b) is based on attached hereto and identified as Exhibit f. g. Plaintiff submits the attached Declaration. Other evidence (specify): ______________________________________________________________. . . b. . c. . d. e. 14. WHEREFORE, Plaintiff prays that this court issue an Order granting the following relief: a. That the Property is valued at no more than $ . That 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. The avoidance of Defendant's Junior Lien is contingent upon Debtor's receipt of a chapter 13 discharge. or Debtor's completion of the chapter 13 plan, b. This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2012 Page 3 F 4003-2.5.JR. LIEN.DEFAULT.MOTION c. The 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, or if the Property is sold or refinanced prior to: Debtor's completion of the chapter 13 plan, or Debtor's receipt of a chapter 13 discharge. d. In the event that the holder of the first position lien or any senior lien on the Property forecloses on its Debtor's completion of the chapter 13 plan, or interest and extinguishes Defendant's lien rights prior to: Debtor's 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. See attached continuation page for additional provisions. e. Date: Respectfully submitted, Signature of Plaintiff or Attorney for Plaintiff Printed name of Plaintiff or attorney for Plaintiff This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2012 Page 4 F 4003-2.5.JR. LIEN.DEFAULT.MOTION PROOF OF SERVICE OF DOCUMENT I am over the age of
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