Lien Avoidance Under 11 U.S.C. § 522

U.S. Bankruptcy Court for the District of Nebraska

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

Rule: 4003-1

Jurisdiction: DNEB

Bluebook Citation: Bankr. D. Neb. R. 4003-1

All Rules: Bankr. D. Neb. Local Bankruptcy Rules, complete index


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A debtor may by motion seek to avoid a lien or transfer of property under 11 U.S.C. § 522(f), or to sell free and clear. All other proceedings to avoid a lien must be brought by adversary proceeding. The caption of a motion to avoid a lien must identify the creditor whose lien is to be avoided. The motion must: (1) state the amount of the lien and the debtor’s obligation secured by the lien sought to be avoided; (2) identify the property subject to the lien and its fair market value; (3) state the nature and amount of any other debts or obligations secured by an interest in the property; (4) state the dollar amount of the exemption; (5) state the specific statutory authority for the exemption; and (6) identify any other property claimed to be exempt under the statute.

In addition to any other service requirement, if the creditor whose lien is to be avoided filed a proof of claim, the movant must serve the creditor at the address stated in the proof of claim.

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