FILING AND TRANSMITTAL
U.S. Bankruptcy Court for the Eastern District of Texas
Text
OF DOCUMENTS.
Documents may be filed, signed or verified by electronic means that are consistent with technical standards established by the Judicial Conference of the United States and are in compliance with the Administrative Procedures for the Filing, Signing, and Verifying of Documents by Electronic Means as set forth in TXEB Appendix 5005. TXEB Local Rules Revised: August 22, 2022 Page 58 of 83 Local Rule of Bankruptcy Procedure 5009-1.
DECLARATIONS REGARDING SATISFACTION OF SECURED CLAIM AND RELEASE OF LIEN.
A motion seeking a declaration that a secured claim has been satisfied and the corresponding lien has been released under the terms of a confirmed plan must contain: (1) a title which identifies the holder of the lien or security interest which is alleged to have been fully satisfied and which adequately describes the property upon which the lien had existed Title Example: Motion for Order Declaring Release of Lien of ABC Finance Corp. Upon 1813 Falcon Blvd., Anytown, Texas Due to Full Satisfaction of Secured Claim [Claim #4-1]; (2) (3) (4) (5) an affidavit and/or other documentary proof in support of the motion that demonstrates that: (1) the total satisfaction of the underlying indebtedness has occurred under non-bankruptcy law; (2) a discharge has been granted to the debtor-movant under § 1328; or (3) other circumstances exist that establish the complete satisfaction of the secured claim of the claimant; the 21-day negative notice language described in LBR 9007(a); a certificate of service reflecting service of the motion in accordance with LBR 9013(f), including upon the person most recently designated on the secured claimant’s proof of claim as the person to receive notices, at the notice address indicated thereon; and be accompanied by a proposed order incorporating the title information from the pleading and otherwise substantially complying with TXEB Local Form 9007-a.