Local Rule 4003-1: EXEMPTIONS AND LIEN AVOIDANCE

RULE 4003‐1 EXEMPTIONS AND LIEN AVOIDANCE

(A) Requests by Motion. Motions to avoid lien per §522(f) shall include sufficient information to allow the Court to determine—on the face of the motion, without having to refer to other case documents—whether the requested relief is warranted. All motions must include:

(1) the name of the lien holder,

(2) a description of the property (address or legal description if applicable),

(3) the value of the property,

(4) identification of the holder(s) and amount of all consensual liens or other liens on the property,

(5) the basis for the lien (judgment, etc.),

(6) information regarding the exemptions impaired by the lien, and

(7) the legal basis for lien avoidance.

In addition, all motions to avoid lien should clearly lay out the mathematical calculation supporting the requested relief in a manner consistent with §522(f)(2).

(B) Requests Made Through Chapter 12 or 13 Plan. A request to avoid a lien under §522(f) may also be made as part of a Chapter 12 or 13 debtor's proposed plan. All the substantive requirements for requests to avoid lien by motion under paragraph (A) of this Rule still apply.

(C) Adversary Proceeding Required. Except as permitted by this Rule, Bankruptcy Rule 3012, or Bankruptcy Rule 4003(d), requests to determine the priority, validity, or extent of a lien must be filed as an adversary proceeding.

(D) Service Required. For lien avoidance under paragraph (A) or (B) of this Rule, the debtor shall serve affected creditors with notice in accordance with Bankruptcy Rules 9014 and 7004 and file proof of such service.