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Notice Of Motion And Motion To Avoid Lien F 4003-2.1.AVOIDLIEN.RP.MOTION - California
| Notice Of Motion And Motion To Avoid 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 Debtor appearing without attorney Attorney for Debtor UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - ____________________ DIVISION **SELECT DIVISION** In re: CASE NO.: CHAPTER: SELECT CHAPTER NOTICE OF MOTION AND MOTION TO AVOID LIEN UNDER 11 U.S.C. § 552(f) (REAL PROPERTY) [No hearing required unless requested under LBR 9013-1(o)] Debtor(s). Creditor Name: ___________________________________________________________________________________ 1. TO THE CREDITOR, CREDITOR'S ATTORNEY AND OTHER INTERESTED PARTIES: 2. NOTICE IS HEREBY GIVEN that the Debtor hereby moves this court for an order, without a hearing, avoiding a lien on the grounds set forth below. 3. Deadline for Opposition Papers: Pursuant to LBR 9013-1(o), any party objecting to the motion may file and serve a written objection and request a hearing on this motion. If you fail to file a written response within 14 days of the date of service of this notice of motion and motion, plus an additional 3 days unless this notice of motion and motion was served by personal delivery or posting as described in F.R.Civ.P. 5(b)(2)(A)-(B), the court may treat such failure as a waiver of your right to oppose this motion and may grant the requested relief. This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 1 F 4003-2.1.AVOID.LIEN.RP. MOTION 4. Type of Case: a. b. A voluntary petition under chapter An involuntary petition under chapter An order of relief under chapter c. d. An order of conversion to chapter Other: 7 7 7 7 11 12 13 was filed on: 11 was filed on: 11 was entered on: 11 12 13 was entered on: 5. Procedural Status: a. b. Name of trustee appointed (if any): Name of attorney of record for trustee (if any): 6. Debtor claims an exemption in the subject real property under: a. California Code of Civil Procedure § schedules: $ b. California Code of Civil Procedure § schedules: $ c. Other statute (specify): ____________________________________________________________________ Exemption amount claimed on (Homestead): Exemption amount claimed on 7. Debtor's entitlement to an exemption is impaired by judicial lien, the details of which are as follows: a. b. c. d. e. Date of entry of judgment (specify): Case name (specify): Docket number (specify): Date of recordation of lien (specify): Recorder's instrument number or map/book/page (specify): 8. The property claimed to be exempt is as follows: a. Street address (specify): b. Legal description (specify): ___________________________________________________________________ See attached page _____________________________________________________________________ 9. Debtor acquired the property claimed exempt on the following date (specify): 10. Debtor alleges that the fair market value of the property claimed exempt is: $ 11. The subject property is encumbered with the following liens (list mortgages and other liens in order of priority and place an "X" as to the lien to be avoided by this motion): Name of Lien Holder "X" Date Lien Recorded $ $ $ $ Original Lien Amount Current Lien Amount $ $ $ $ Date of Current Lien This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 2 F 4003-2.1.AVOID.LIEN.RP. MOTION 12. Debtor attaches copies of the following documents in support of the motion (as appropriate): a. b. c. d. e. f. g. Schedule C listing all exemptions claimed by Debtor Appraisal of the property Documents showing current balance due as to the liens specified in paragraph 11 above Recorded Abstract of Judgment Recorded Declaration of Homestead (Homestead Exemption) Declaration(s) Other (specify): 13. Total number of attached pages of supporting documentation: 14. Debtor declares under penalty of perjury under the laws of the United States that the foregoing is true and correct. WHEREFORE, Debtor prays that this court issue an order (a copy of the form of which is submitted herewith and has been served) avoiding the creditor's lien. Date: Signature of Debtor Printed name of Debtor Date: Signature of attorney for Debtor Printed name of attorney for Debtor This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 3 F 4003-2.1.AVOID.LIEN.RP. MOTION PROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: A true and correct copy of the foregoing document entitled: NOTICE OF MOTION AND MOTION TO AVOID LIEN UNDER 11 U.S.C. § 552(f) (REAL PROPERTY) will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below: 1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) , I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below: Service information continued on attached page 2. SERVED BY UNITED STATES MAIL: , I served the following persons and/or entities at the last known addresses in this bankruptcy On (date) case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed. Service information continued on attached page 3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) , I served the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the documen
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