Local Rule L.R. 4003-2: Motion to Avoid Liens under Bankruptcy Code § 522(f)(1).

L.R. 4003-2 - Motion to Avoid Liens under Bankruptcy Code § 522(f)(1). A. Content and Service. All motions to avoid liens must contain: 1. a specific description of the property subject to the lien avoidance action; and 2. a description of the documents giving rise to the lien. A specific description of the property is not necessary if the debtor does not have a listing of the property and the debtor can demonstrate an attempt to obtain that information in writing from the creditor at least fourteen (14) days prior to filing the motion. The motion must be served in accordance with L.R. 9013-1(A). All motions to avoid judicial liens on real property should be filed using the Local Form "Motion to Avoid Judicial Lien" found on the Court's web site. All motions to avoid nonpossessory security interests under Bankruptcy Code § 522(f)(1)(B) should be filed using the Local Form "Motion to Avoid Nonpossessory, Nonpurchase-Money Security Interest" found on the Court's web site. All motions of either type must be served on the registered agent of any non-individual whose lien is sought to be avoided. If the non-individual whose lien is sought to be avoided does not have a registered agent in Missouri, the motion may be served upon (a) another person or entity designated or permitted by law to receive service of process, including a registered agent in another jurisdiction, or (b) another person or entity in a manner that complies with Fed. R. Bankr. P. 7004.

B. Responses and Hearings. Motions to avoid liens may be set for hearing following the Negative Notice procedures of L.R. 9061. Any response must be filed no later than twenty-one (21) days after service of the motion pursuant to L.R. 9061(B). If a response is filed, the debtor must set the motion for hearing giving no less than fourteen (14) days notice of the hearing pursuant to L.R. 9061(D)(1).

C. Objections to Claims Based On Lien Avoidance. If a party files an objection to a claim on the basis, in whole or in part, that the claimant's lien is avoidable under Bankruptcy Code § 522(f)(1), and no final order has been entered on the motion to avoid the claimant's lien, the party objecting to the claim must notify the Judge's Courtroom Deputy of the claim objection at the time the claim objection is filed.