Order Granting Debtors Motion To Value Real Property {CSD 1171.2} | Pdf Fpdf Docx | California

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Order Granting Debtors Motion To Value Real Property {CSD 1171.2} | Pdf Fpdf Docx | California

Order Granting Debtors Motion To Value Real Property {CSD 1171.2}

This is a California form that can be used for General within Federal, USBC Southern.

Alternate TextLast updated: 7/30/2018

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Affected Lien Holder American LegalNet, Inc. www.FormsWorkFlow.com CSD 1171.2 CSD 1171.2 [0/01/18] (Page 2) ORDER GRANTING DEBTOR222S MOT ION TO VALUE REAL PROPERTY, TREAT CLAIM AS UNSECURED AND AVOID JUNIOR LIEN OF DEBTOR: CASE NO: The motion was filed in connection with confirmation of the Debtor222s Chapter 13 Plan dated (223Plan224), to value and avoid the junior deed of trust, mortgage or other encumbrance of (223Affected Lien Holder224), recorded on as instrument number in the official records of (223Affected Lien224) encumbering the real property commonly known as: and more fully described as (Insert legal description or attach exhibit ) (223Property224). Associated Claim: The Affected Lien Holder filed a proof of claim on assigned Claim No. , which is associated with the Affected Lien (223Claim224); or As of the date of this order, Affected Lien Holder has not filed a proof of claim associated with the Affected Lien. The Court having reviewed the motion and supporting documents, finds that: 1.Service of the motion on the Affected Lien Holder appears to comply with FRBP 7004 because it wasaccomplished as follows: By certified mail addressed to a specifically named officer of the Affected Lien Holder under Rule 7004(h); Upon an individual under Rule 7004(b)(1); Upon a domestic or foreign corporation or upon a partnership or other unincorporated association under Rule 7004(b)(3); Other: 2.The motion was: Unopposed Opposed Settled by Stipulation 3.The Property is valued at no more than $ ; 4.The total balance owing on the deeds of trust, mortgages or other liens encumbering the Property which aresenior in priority to the Affected Lien is $ , which exceeds the value of the Property and the American LegalNet, Inc. www.FormsWorkFlow.com CSD 1171.2 CSD 1171.2 [0/01/18] (Page 3) ORDER GRANTING DEBTOR222S MOTION TO VALUE REAL PROPERTY, TREAT CLAIM AS UNSECURED AND AVOID JUNIOR LIEN OF DEBTOR: CASE NO: Affected Lien is wholly unsecured. Therefore, the Claim may be satisfied through the Plan as an unsecured claim pursuant to 11 U.S.C. 247247 506(a) and 1322(b)(2); It is order that: 1.The Claim will be paid pursuant to the Plan as a non-priority general unsecured claim to the extent allowed. IfAffected Lien Holder has not filed a proof of claim, and the deadline to file unsecured claims has expired, Affected Lien Holder has an extension of the deadline until 60 days after the date of entry of this order; 2.Upon completion of payments under the confirmed Plan, the Affected Lien will be deemed fully satisfied, andAffected Lienholder is required to reconvey and release the Affected Lien. If the Affected Lien Holder fails to release the Affected Lien within the time required by applicable state law, the Debtor may file a motion requesting an order to extinguish the Affected Lien; 3.If this case is dismissed or converted to chapter 7, the Affected Lien Holder will retain its lien for the fullamount due under the corresponding note; 4.That Debtor222s counsel is authorized to add, in connection with Plan Confirmation, the guideline fee asreflected in the Rights and Responsibilities Statement for motions of this type and costs subject to proof. This determination is without prejudice to Debtor222s counsel222s right to seek additional fees through fee application. 5.Moving Party is directed to serve this order on the affected Lien Holder in the same manner used for service of the motion. American LegalNet, Inc. www.FormsWorkFlow.com

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