LIEN AVOIDANCE MOTIONS UNDER §522

(a) Requirements A Debtor seeking to avoid a lien under 11 U.S.C. §522(f) shall file a separate motion as to each lien. The motion shall identify: (1) the petition date; (2) the value of the subject collateral; (3) the amount, listed separately, of all mortgages and other liens on the property which the Debtor will not seek to avoid, and a list of the liens on the property which the Debtor will seek to avoid; (4) the amount of the exemption to which the Debtor would be entitled but for the lien; (5) the lien to be avoided and its approximate amount; (6) (7) if the motion seeks to avoid a judicial lien, the case number and the court where the underlying judgment was entered, the date of the judgment, and the common address and legal description of the real estate; and if the motion seeks to avoid a nonpossessory, nonpurchase money security interest under 11 U.S.C. §522(f)(1)(B), the household goods subject to the security interest sought to be avoided and the date the debt that the lien secures was incurred. (b) Service, Notice, and Filing The Debtor shall serve the motion and a 21-day Objection Notice on the lien holder, in accordance with Fed.R.Bankr.P. 4003(d) and 7004. Along with the motion and notice, the Debtor shall file a Certificate of Service.

The motion, notice, and Certificate of Service may be combined into one document, a sample of which is available on the Court’s website. (c) Orders An order avoiding a lien on real estate shall include the common address and legal description of the real estate. 41 | P a g e B-4003-3. AVOIDING UNSECURED MORTGAGES IN CHAPTER 13 CASES (a) Adversary Proceeding Required A Debtor seeking to avoid an unsecured mortgage in a Chapter 13 case shall file a separate adversary proceeding as to each lien holder.

In addition to other required allegations, the complaint shall identify: (1) the mortgage to be avoided; (2) the other mortgages and liens on the real estate which the Debtor asserts have higher priority than the mortgage to be avoided, and the amount owed on those mortgages and liens, listed separately; (3) the value of the real estate; and (4) the common address and legal description of the real estate. (b) Proposed Judgment The Debtor shall tender a proposed judgment that includes the common address and legal description of the real estate.