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Motion For Valuation Of Security LBF-22 - Montana

Motion For Valuation Of Security Form. This is a Montana form and can be used in Bankruptcy Court Federal .
 Fillable pdf Last Modified 4/18/2014
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Mont. LBF 22. MOTION FOR VALUATION OF SECURITY; AND NOTICE. [Mont. LBR 3012-1] Name of Attorney Office Mailing Address Telephone Number Facsimile Number E-Mail Address State Bar I.D. Number (Attorney for ________ ) UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MONTANA In re: ) Case No. ) ) Debtor(s). ) _____________________________________________________________________________ MOTION FOR VALUATION OF SECURITY; AND NOTICE _____________________________________________________________________________ Pursuant to Rule 3012, F.R.B.P., and Mont. LBR 3012-1, the undersigned respectfully moves the Court to determine the value of the following claim secured by a lien on property of the Debtor's estate. For purposes of the Debtor's plan, the undersigned alleges that the allowed amount of the following-named creditor's secured claim should be fixed as stated below, because pursuant to 11 U.S.C. ยง 506(a) secured claims are to be valued and allowed as secured to the extent of the value of the collateral. 1. Name of Creditor: _______________________________________________ 2. Value of collateral as alleged by Debtor(s): ___________________________ [Attach evidence of the subject collateral's alleged value to this Motion.] 3. Description of collateral at issue: ___________________________________ 4. Creditor's proof of claim number as set forth on the Claims Register: ______ American LegalNet, Inc. www.FormsWorkFlow.com WHEREFORE, the undersigned moves the Court to fix the value of the above-named creditor's collateral and, therefore, the amount of its allowed secured claim, in the amount alleged above. DATED this ___ day of __________, 20__. ___________________________ [Name of attorney] (Attorney for _________) NOTICE OF OPPORTUNITY TO RESPOND AND REQUEST A HEARING If you object to the motion, you must file a written responsive pleading and request a hearing within fourteen (14) days of the date of the motion. The responding party shall schedule the hearing on the motion at least twenty-one (21) days after the date of the response and request for hearing and shall include in the caption of the responsive pleading in bold and conspicuous print the date, time and location of the hearing by inserting in the caption the following: NOTICE OF HEARING Date: __________________ Time:__________________ Location:_______________ If no objections are timely filed, the Court may grant the relief requested as a failure to respond by any entity shall be deemed an admission that the relief requested should be granted. DATED this ____ day of __________, 20___. ___________________________ [Name of attorney] (Attorney for _________) American LegalNet, Inc. www.FormsWorkFlow.com CERTIFICATE OF MAILING I, the undersigned, ____________________, do hereby certify under penalty of perjury that a copy of the within and foregoing Motion for Valuation of Security, and Notice was sent by first class mail postage prepaid on the ___ day of ______, 20___, at ____________, Montana, and directed to the following: [Insert the name and address of each individual or entity served.] __________________________________ [Name of person certifying the mailing] [Must comply with Mont. LBR 9013-1(d)(2), by reflecting the name and address of each party served, and by being signed "under penalty of perjury" and by identifying the document served. There need be no Certificate of Mailing if all parties being served will be served electronically via the Court's CM/ECF system. Only the affected secured creditor, or its counsel, need also be served with this Motion.] American LegalNet, Inc. www.FormsWorkFlow.com
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