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B-4003-3. AVOIDING UNSECURED MORTGAGES IN CHAPTER 13 CASES

(a)   Adversary Proceeding Required

A Debtor seeking to avoid an unsecured mortgage in a Chapter 13 case shall file a separate adversary proceeding as to each lien holder. In addition to other required allegations, the complaint shall identify:

(1)     the mortgage to be avoided;

(2)     the other mortgages and liens on the real estate which the Debtor asserts have higher priority than the mortgage to be avoided, and the amount owed on those mortgages and liens, listed separately;

(3)     the value of the real estate ; and

(4)     the common address and legal description of the real estate.

(b)   Proposed Judgment

The Debtor shall tender a proposed judgment that includes the common address and legal description of the real estate.