Local Rule LBR 3012-1: Valuation of Residential Real Property Collateral — Motions to Determine Secured Status and Void Wholly Unsecured Liens
Bankr. D.N.H. — General rule
LBR 3012-1 Valuation of Residential Real Property Collateral — Motions to Determine Secured Status and Void Wholly Unsecured Liens
(a) Motions. All motions requesting that the court determine the secured status of a claim under 11 U.S.C. § 506(a) and modify the rights of a holder of a residential real property lien by voiding the lien as wholly unsecured under 11 U.S.C. § 1322(b)(2) or § 1123(b)(5) shall be filed as a motion (not as an objection to a claim), and shall be titled "Motion to Determine Secured Status and Void Wholly Unsecured Lien." Any motion must state a basis for the value of the residential real property and shall attach supporting documentation.
(b) Service. The movant shall serve the motion in accordance with Bankruptcy Rule 7004, made applicable by Bankruptcy Rule 9014(b), particularly Bankruptcy Rule 7004(h), which requires that service on an insured depository institution be made by certified mail addressed to an officer of the institution.
(c) Timing. Movant shall serve the motion within thirty (30) days of the concluded 341 Meeting.