Motion to Avoid Lien - Judicial

 

Menu item to use:

Bankruptcy > Motions, Applications & Briefs >Lien Avoidance (Judicial), Motion for

 

11 U.S.C. 101, 522(f), 1322(b)

FRBP 4003(d)

Local Rule: S.D.IND.B-4003-2

 

 

Filing Requirements

 

 

Step by Step Instructions:

 

1. Log into CM/ECF

 

2. Select Bankruptcy > Motions, Applications & Briefs

 

3. Enter the case number (e.g. xx-xxxxx). Click Next

 

4. Select Lien Avoidance (Judicial), Motion for from the event list. Click Next

 

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

 

6. Check box if jointly filing with another attorney, click Next.

 

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

 

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

 

8. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

 

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

 

9. Browse to select the Motion (pdf file).  Click Next

 

10. Enter creditor name. Click Next

 

11. Indicate whether the notice is included or will be filed separately. Click Next

 

12. If you indicated that the notice is included, enter the date the notice was mailed and click Next. Objection due date is calculated and displayed. Click Next , unless pending motions are also displayed (see next step).

 

13 . If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

 

14. Enter additional text, if desired, and/or select prefix text and click Next

 

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. The additional text option is not always available.

 

15. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.

 

16. Upload proposed order

 

Curing a Deficient Filing:

If the Motion is deficient: A corrected motion, using ECF event, Lien Avoidance - Judicial, fixing deficient items, must be filed prior to the deficiency deadline or the original filing may be stricken by the court.

 

If the Notice is deficient: A notice, using ECF event Lien Avoidance Notice with Certificate of Service, fixing deficient items, must be filed prior to the deficiency deadline or the motion may be stricken by the court.

 

If the Certificate of Service is deficient: A Certificate of Service, using ECF event Certificate of Service (including Statement in Lieu for Address Changes), fixing deficient items, must be filed prior to the deficiency deadline or the motion may be stricken by the court.

 

Orders:

The moving party shall upload an order at the time the motion is filed. Ensure that the Order states the State Court and cause number of the judgment to be avoided.