Local Rule 4003-2: Avoiding a Lien on or Other Transfer of Exempt Property.

Rule 4003-2. Avoiding a Lien on or Other Transfer of Exempt Property.

(a) Motion. A motion to avoid a lien on or other transfer of exempt property under 11 U.S.C. § 522(f) shall conform to Appendix 4J and shall demonstrate the lien or other transfer sought to be avoided impairs an exemption to which the debtor is entitled under 11 U.S.C. § 522(b). The motion and a notice of motion shall be served on parties in interest not electronically served. The notice shall conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date (month, day, year) for filing an objection or other response that is 14 days after service of the motion and the notice of motion.

(b) Proposed order. When a motion to avoid a lien on or other transfer of exempt property is filed, the movant shall submit pursuant to Bankr. D.S.D. R. 9072-1(a) a proposed order granting the motion that conforms to Appendix 4K.

REFERENCES: 11 U.S.C. § 522; Fed.Rs.Bankr.P. 4003(d) and 9014.

Practice Pointer: If any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the notice period stated above shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).