Local Rule Rule 9013-3: PLEADING SPECIAL MATTERS IN MOTIONS

Rule 9013-3 PLEADING SPECIAL MATTERS IN MOTIONS A. Applicability of Rule. This rule applies to contested matters in which any of the following types of relief is sought: 1. an abandonment in a form that substantially complies with LBF 21; 2. the avoidance of a lien or liens in a form that substantially complies with LBF 22; 3. a sale; and 4. relief from stay.

B. Content. 1. The following, if applicable, shall be pled with particularity: a. the identity and location of the property subject to the action; b. the market value of the property subject to the action, and the basis for the valuation; c. the value of any claimed exemption in the property subject to the action; d. the identity and address of the holder of each lien on the property subject to the action; e. the identity of the original holder of the obligation secured by the mortgage or other security interest and every subsequent transferee including the moving party and whether the moving party is the holder of that obligation or an agent of the holder; and f. the type, priority, face amount, balance owed, and record location of each lien on the property subject to the action. 2. If there is or may be no equity in the property for the creditors, an allegation showing the necessity for the sale or the consent of holders of liens and any fee agreed upon shall be stated. 3. In addition, a motion for relief from stay shall include: 1. an itemized statement of: a. the amount and date of the loan; b. the principal balance owed as of the date the bankruptcy case was filed; c. the interest accrued to the date of filing of the case and the per diem rate thereafter; d. all charges and fees added to the balance alleged to be owed; e. the amount necessary to cure as of the bankruptcy filing date; f. any post-petition defaults; and g. an attachment in the form of a Document and Loan History Abstract (LBF 27). 2. an averment that an appropriate proof of claim has been filed; 3. identification of the original holder of the obligation secured by the mortgage or other security interest and every subsequent transferee including the moving party and whether the moving party is the holder of that obligation or an agent of the holder; and 4. all other grounds for relief