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Motion To Avoid Lien Pursuant To 11 USC Section 522(f)(2) 4003-2 - New Hampshire
| Motion To Avoid Lien Pursuant To 11 USC Section 522(f)(2) Form. This is a New Hampshire form and can be used in Bankruptcy Court Federal . |
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LBF 4003-2 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEW HAMPSHIRE In re: Bk. No. - - Chapter , Debtor , Movant v. , Respondent MOTION TO AVOID LIEN PURSUANT TO 11 U.S.C. 522(f)(2) NOW COMES (Debtor and Movant) by and through Debtors attorney, ,pursuant to 11 U.S.C. 522(f) and Federal Rules of Bankruptcy Procedure 4003(d) and 9014 to request thatthis Court enter an order avoiding the lien held by (Respondent). In support of this motion, theDebtor states: 1. This Court has jurisdiction in this matter pursuant to 28 U.S.C. 1334(a). This matter is a coreproceeding as provided by 28 U.S.C. 157(b)(2)(K). 2. The Debtor filed a voluntary petition under Chapter of the Bankruptcy Code on . 3. The property is subject to the following liens (e.g., real estate taxes, mortgages, judicial liens andsecurity interests): a. obtained by on ; b. obtained by on ; c. obtained by on . 4. The Debtor is entitled to an exemption in the property in the amount of $ pursuant to (e.g., N.H. RSA 480:1, N.H. RSA 511:2(III)). 5. The Debtors property has a fair market value of $ . 6. Section 522(f)(2)(A) of the Bankruptcy Code provides that a lien shall be considered to impair anexemption to the extent that the sum of: (i) the lien; (ii) all other liens on the property; and (iii) the amount ofthe exemption that the debtor could claim if there were no liens on the property; exceeds the value that thedebtors interest in the property would have in the absence of any liens. Section 522(f)(2)(B) provides that[i]n the case of a property subject to more than 1 lien, a lien that has been avoided shall not be consideredin making the calculation under subparagraph (A) with respect to other liens. 7. Following the formula set forth in section 522(f)(2) for determining whether a lien impairs an exemption, the Debtor: a. Adds the lien being tested for avoidance (L1), all other liens (L2 + L3 + L4 . . . ) and the maximum exemption allowable in the absence of liens (E) to get a sum of (L1 + L2 + L3 + L4 . . . + E). <<<<<<<<<********>>>>>>>>>>>>> 2 b. From the sum above, (L1 + L2 + L3 + L4 . . . + E), subtracts the value of the property in the absence of liens (V) and finds that the extent of the impairment is (I) (I = L1 + L2 + L3 + L4 . . . + E - V). 8. Since the extent of the impairment of the exemption, $(I), exceeds the entire value of theRespondents lien, $(L1), the entire lien is avoidable. Or Since the extent of impairment, $(I), is less thanthe entire value of the lien, $(L1), the Respondents lien can be avoided only to the extent of the impairmentof the exemption, $(I), and the rest remains as a lien in the amount of $(L1-I). WHEREFORE, the Debtor respectfully requests that this Court enter an order which: A. Avoids the lien held by . B. Grants such other relief as is fair and equitable. Respectfully submitted, DebtorDated: By:
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