VALUATION OF COLLATERAL AND/OR AVOIDANCE OF

U.S. Bankruptcy Court for the District of Maryland

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

Rule: 3012-1

Jurisdiction: DMDB

Bluebook Citation: Bankr. D. Md. R. 3012-1

LIENS ON PROPERTY UNDER 11 U.S.C. § 506 BY MOTION - CHAPTER 13 ONLY (a) Form. The caption and notice of a motion to value collateral and avoid a security interest under 11 U.S.C. § 506 must be in the form of Local Bankruptcy Form K, and the proposed order for such motion must be in the form of Local Bankruptcy Form L. The caption and notice of a motion to avoid a security interest under 11 U.S.C. § 506 must be in the form of Local Bankruptcy Form G, and the proposed order for such motion must be in the form of Local Bankruptcy Form H. The motion must also include the name, address, nature of ownership (e.g., tenancy in common, tenancy by the entirety, etc.) of any non-debtor owner of property, and adequate factual and legal support for the requested relief. If a debtor proceeds under this Rule, the debtor must so state in the plan. If a debtor elects instead to seek to value collateral or avoid a lien on such property by a provision in the debtor’s plan, Local Bankruptcy Rule 3015-1(c) applies.

Ver. 25.01 (December 1, 2025) 19 (b) Service of Motion and Notice of Hearing. (1) The movant must select a hearing date for this type of motion from the Court Hearing Scheduler Program, and such date must be more than forty-nine (49) days after the date of service. The notice of the motion must state the hearing date and time.

(2) The movant must serve a copy of the motion under this Rule on the respondent and any non-debtor co-owner in the manner required by Federal Bankruptcy Rules 9014, 7004, and 3007. Additional requirements for the notice, the certificate of service, and the proposed order are governed by Local Bankruptcy Rules 2002-1(a), 9013- 4, and 9013-3, respectively. (c) Response to Motion. The Court Hearing Scheduler Program will compute the date that an objection is due, and such objection deadline must be included in the hearing notice.

If no timely response is filed, the Court may rule on the motion without further notice or a hearing as set forth in Local Bankruptcy Rule 9013-1(d).

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