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Order On Motion To Avoid Junior Lien On Principal Residence F 4003-2.4.JR.LIEN.ORDER - California

Order On Motion 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 Debtor(s) appearing without attorney Attorney for: UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In re: CASE NO.: CHAPTER: 13 ORDER GRANTING DENYING MOTION TO AVOID JUNIOR LIEN ON PRINCIPAL RESIDENCE [11 U.S.C. ยง 506(d)] DATE: TIME: COURTROOM: PLACE: Debtor(s). Creditor Holding Junior Lien (name): 1. The Motion was: Opposed Unopposed Settled by stipulation 2. The Motion affects the junior trust deed(s), mortgage(s), or other lien(s) encumbering the following real property (Subject Property), which is the principal residence of Debtor: 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 2013 Page 1 F 4003-2.4.JR.LIEN.ORDER 3. The Subject Property is subject to the following deed(s) of trust, mortgage(s) or other lien(s) in the amounts specified securing the debt against the Subject Property, which will be treated as indicated: a. Holder of 1st lien (name) in the amount of $ . b. Holder of 2nd lien (name) is is not to be avoided; in the amount of $ . c. Holder of 3rd lien (name) is is not to be avoided; See attached page for any additional encumbrance(s). in the amount of $ . 4. The Motion is: a. (1) (2) (3) (4) (5) DENIED with without prejudice, on the following grounds: Based upon the findings and conclusions made on the record at the hearing Unexcused non-appearance by Movant Lack of proper service Lack of evidence supporting motion Other (specify): b. (1) (2) (3) (4) (5) GRANTED on the following terms: The Subject Property is valued at no more than (determined value) $ evidence. This avoidance of the respondent's junior lien is effective upon: receipt of a chapter 13 discharge in this case. based on adequate completion of the chapter 13 plan, or Before the discharge, no payments are to be made on the secured claim of the junior lienholder; maintenance payments are not to be made. The claim of the junior lienholder is to be treated as an unsecured claim and is to be paid through the plan pro rata with all other unsecured claims. The junior lienholder's claim on the deed of trust, mortgage or lien shall be allowed as a non-priority general unsecured claim in the amount per the filed Proof of Claim. The junior lienholder is not required to, but may file an amended Proof of Claim listing its claim as an unsecured claim to be paid in accordance with the Debtor's chapter 13 plan. If an amended claim is not filed, the trustee may treat any claim on the debt (secured or unsecured) filed by the junior lienholder as unsecured upon entry of this order. The avoidance of the junior lienholder's deed of trust, mortgage or lien is contingent upon: receipt of a chapter 13 discharge. the chapter 13 plan, or completion of (6) (7) The junior lienholder shall retain its lien in the junior position for the full amount due under the corresponding note and deed of trust, mortgage or lien in the event of either the dismissal of the Debtor's chapter 13 case, the conversion of the Debtor's chapter 13 case to any other chapter under the Bankruptcy completion of the chapter 13 Code, or if the Subject Property is sold or refinanced prior to the Debtor's receipt of a chapter 13 discharge. plan, or This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2013 Page 2 F 4003-2.4.JR.LIEN.ORDER (8) In the event that the holder of the first deed of trust or any senior lien on the Subject Property forecloses on completion of the its interest and extinguishes the junior lienholder's lien rights prior to the Debtor's receipt of a chapter 13 discharge, the junior lienholder's lien shall attach to the chapter 13 plan, or proceeds greater than necessary to pay the senior lien, if any, from the foreclosure sale. See attached continuation page for additional provisions. (9) Date: _____________________ United States Bankruptcy Judge This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2013 Page 3 F 4003-2.4.JR.LIEN.ORDER
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