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Motion to Avoid Lien - Judicial

Official Procedure Last Change December 1, 2019

Motion to Avoid Lien - Judicial

How to file: 

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

  • 11 USC 101, 522(f), 1322(b)
  • FRBP 4003(d)
  • S. D. Ind. B-9013-2

Filing requirements

  • Use of the Court's sample form is encouraged.
  • The Motion must be signed by the filing party or their attorney.
  • The Motion  must specify:
    • The petition date.
    • The lien to be avoided and its approximate amount.
    • The amount, listed separately, of all 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.
    • If applicable, the amount of the impaired exemption.
    • The value of the subject collateral.
    • The case number and the Court where the underlying judgment was entered and the date of the judgment.
    • The common address of any real property affected by the lien.
  • Multiple creditors cannot be included in one Motion. Separate Motions must be filed for each creditor.
  • A 21 day objection notice must be included with the Motion along with a Certificate of Service showing service of the Notice on the debtor or debtor's attorney, trustee, lien holder and the US Trustee. The Notice may be included in the body of the Motion or filed separately using the Lien Avoidance Notice with Certificate of Service event.   
  • A proposed order must be uploaded. The order must include both the common address and a legal description of the affected real estate, as well as the State Court and cause number of the judgment to be avoided.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Lien Avoidance (Judicial), Motion for from the event list and 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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, the 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. Select prefix text, if applicable, 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.

15. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

16. Upload proposed order.