MOTION TO STRIP LIEN OR MORTGAGE THAT IS WHOLLY

UNSECURED IN CHAPTER 12 AND 13.

(a) Motion to Strip a Wholly Unsecured Lien or Mortgage under § 506(a). A motion under § 506(a) in a chapter 13 case must be made in Part 3.2 (and noted on Part 1.1) of the debtor’s plan. See Local Rule 3015-1; see also Official Form 113. (b) Contents of the Motion.

In addition to the information required by Part 3.2 of Official Form 113, the debtor must attach to the motion: (1) a copy of the lien or mortgage that contains the recording information; (2) a clear description of the property subject to the lien or mortgage in question; (3) the document upon which the debtor is relying to establish the value of the property; and (4) a document setting forth the name and address of each entity that holds a lien of record against the property, the recording reference for each lien (including town, book, page, and date of recording), and the amount of the claim secured by each lien. (c) Orders Granting Motions to Strip Mortgages or Other Liens in Chapter 12 and 13. Unless the Court approves different terms after notice to the lien holder or mortgagee and the chapter 12 or 13 trustee, in addition to the confirmation order, the debtor must file a proposed order stripping a lien or mortgage that: (1) specifies that the lien or mortgage is stripped only if the plan is completed; Revised 12/1/24 Page 28 of 88 (2) states if the case is dismissed, the order granting the motion to strip the lien or mortgage is void; (3) provides the order is conditional and is of no effect unless it contains a certification by the chapter 12 or 13 trustee that the debtor satisfied all of their obligations in the case and the case was not dismissed; and (4) include the following trustee certification language: Certification of Chapter 12/13 Trustee I, [name], the Chapter 12/13 Standing Trustee for the District of Vermont, hereby certify under penalty of perjury under the laws of the United States of America that the Debtor has completed his/her Chapter 12/13 Plan. Dated: ____________ ____[signature]_____ Chapter 12/13 Trustee