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B-4003-2. LIEN AVOIDANCE MOTIONS PURSUANT TO §522(F)

(a)   Requirements

Any Debtor seeking to avoid a lien pursuant to 11 U.S.C. §522(f) shall file a separate written motion as to each alleged lien holder. The motion may be combined with the notice required by subparagraph (d) and the certificate of service that complies with S.D.Ind. B-9013-2. A sample notice, motion and certificate of service are available on the Court’s website. The motion shall identify:

(1)     the value of the subject collateral;

(2)     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;

(3)     the amount of the exemption to which the Debtor would be entitled but for the lien;

(4)     the lien to be avoided and its approximate amount; and

(5)     if lien avoidance is sought as to real property, the common address and legal description of that property.

(b)   Judicial Liens: Additional Requirements

In addition to the information required by subparagraph (a), motions to avoid judicial liens shall also include:

(1)     the case number and the Court where the underlying judgment was entered; and

(2)     the date of the judgment.

(c)       Nonpossessory, Nonpurchase Money Security Interests in Household Goods: Additional Requirements

In addition to the information required by subparagraph (a), motions to avoid a nonpossessory, nonpurchase money security interest in household goods under 11 U.S.C. §522(f)(1)(B) shall also:

(1)     specifically identify the household goods that are subject to the security interest sought to be avoided, referring to the definition of “household goods” provided in 11 U.S.C. §522(f)(4); and

(2)     state the date the debt that the lien secures was incurred.

(d)   Service and Notice

The Debtor shall serve the motion and notice thereof on the lien holder, in accordance with Fed.R.Bankr.P. 9014(b) and 7004. The notice shall allow twenty-one (21) days from the date of service to file objections.

(e)   Filing and Certificate of Service

Along with the motion, the Debtor shall file with the Court a copy of the notice and a certificate of service that complies with S.D.Ind. B-9013-2.

(f)   Orders

An order avoiding a lien on real estate shall include both the common address and a legal description of that real estate.