LIEN AVOIDANCE

U.S. Bankruptcy Court for the Eastern District of Kentucky

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of Kentucky

Rule: 4003-2

Jurisdiction: EDKYB

Bluebook Citation: Bankr. E.D. Ky. R. 4003-2

All Rules: Bankr. E.D. Ky. Local Bankruptcy Rules, complete index


Text

(a) A motion to avoid a judicial lien pursuant to 11 U.S.C. §522(f)(1)(A) shall include a proposed order that conforms to Local Form 4003-2(a). (b) A motion to avoid a nonpossessory, nonpurchase money lien on exempt property pursuant to 11 U.S.C. §522(f)(1)(B) must: (i) identify the personal property encumbered by the lien, including the value thereof; (ii) state the amount of the claimed exemption; and (iii) state that the lien is a nonpossessory, nonpurchase money security interest. Further, the proposed order avoiding a lien shall state that, unless the bankruptcy case is dismissed, the avoided lien will not survive the bankruptcy case or affix to or remain enforceable against the debtor’s interest in the property identified in the motion. (c) A request for release of a judicial lien filed in the local real property records against a debtor that did not own any real property on the petition date shall include a proposed order that conforms to Local Form 4003-2(c).

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