Motion to Avoid Lien - Wholly Unsecured Mortgage/Lien

Official Procedure Last Change October 27, 2014

Motion to Avoid Lien - Wholly Unsecured Mortgage/Lien

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Lien Avoidance (Judicial), Motion for

  • 11 USC 101, 1322(b)
  • S. D. Ind. B-4003-3

General Information

A request to avoid a wholly unsecured mortgage or lien must be brought by the filing of an adversary proceeding, and may only be filed on Chapter 13 cases. A separate adversary proceeding must be filed for each lien holder, although multiple liens held by the same creditor may be included in one adversary.

Any proposed judgment uploaded to the adversary proceeding must state both the common address and legal description of the affected property.