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Motion To Avoid Wholly Unsecured Mortgage - Indiana
| Motion To Avoid Wholly Unsecured Mortgage Form. This is a Indiana form and can be used in Southern District Bankruptcy Court Federal . |
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B-4003-2 (rev 5/14/12) UNITED STATES BANKRUPTCY COURT Southern District of Indiana In re: [Name of Debtor(s)], Debtor (s). ) ) ) ) Case No. (xx-xxxxx) MOTION TO AVOID WHOLLY UNSECURED MORTGAGE AND NOTICE OF OBJECTION DEADLINE The debtor(s) hereby move(s) the Court, pursuant to 11 U.S.C. §1322(b), to avoid the wholly unsecured mortgage of (name of creditor) on the following (real/personal) property: (Describe real property by commonly known address) - referred to as the"Property." In support of the motion, the debtor(s) state(s) the following: 1. The debtor(s) filed a case on (date) - referred to as the "Petition Date." The creditor obtained a mortgage on the Property on (date). The value of the Property as of the Petition Date is (value). The other liens on the Property are as follows: (list lienholders and amounts), and the total amount of all other liens on the Property is (amount). [Also identify any of the other liens or mortgages that the debtor has or will be seeking to avoid by separate motion.] The creditor's mortgage is in the amount of (amount). The creditor's mortgage is wholly unsecured and is subject to avoidance under 11 U.S.C. §1322(b). 2. 3. 4. 5. 6. NOTICE IS GIVEN that any objection must be filed with the Bankruptcy Clerk within 21 days of the date of this notice [or such other time period as may be permitted by Fed.R. 1 American LegalNet, Inc. www.FormsWorkFlow.com B-4003-2 (rev 5/14/12) Bankr.P. 9006(f)]. Those not required or not permitted to file electronically must deliver any objection by U.S. mail, courier, overnight/express mail, or in person at: (Select the appropriate address.) Indianapolis 116 U.S. Courthouse 46 East Ohio St. Indianapolis, IN 46204 Evansville 352 Federal Bldg. 101 NW M.L. King Jr. Blvd. Evansville, IN 47708 New Albany 110 U.S. Courthouse 121 W. Spring St. New Albany, IN 47150 Terre Haute 104 U.S. Courthouse 921 Ohio St. Terre Haute, IN 47807 The objecting party must ensure delivery of the objection to the party filing the motion. If an objection is NOT timely filed, the requested relief may be granted. WHEREFORE, debtor(s) move(s) the Court to enter an order avoiding creditor's mortgage and granting such other relief as appropriate. /s/ Counsel for Debtor(s) Counsel for Debtor(s) (required signature block) CERTIFICATE OF SERVICE (See "Certificate of Service - Generic" on the Court's website under "Forms/Local/Motions & Related Notices-Certificates of Service-Orders/Certificates of Service/Generic." 2 American LegalNet, Inc. www.FormsWorkFlow.com
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