Exemptions – Avoiding a Lien or Other Transfer of Exempt

U.S. Bankruptcy Court for the Southern District of Florida

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of Florida

Rule: 4003-2

Jurisdiction: SDFLB

Bluebook Citation: Bankr. S.D. Fla. R. 4003-2

Property (a) In General. A motion under § 522(f) to avoid a lien on exempt property must: (1) provide a full legal description of the property as recorded by the clerk of the circuit court in the county in which the property is located; and 24 (2) include as an exhibit a copy – showing the recording information – of the security agreement, judgment, or other document creating or providing for the lien. (b) Chapter 13 Requirements. If a chapter 13 plan provides for avoidance of a lien on exempt property under § 522(f), the debtor must file and serve a separate motion to avoid the lien.

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