Local Rule RULE 4003-2: LIEN AVOIDANCE

RULE 4003-2. LIEN AVOIDANCE A.Chapter 7, 11 and 12 cases: A separate motion to avoid a lien pursuant to 11 U.S.C. § 522(f) shall be filed with respect to each creditor claiming a lien on exempt property. Motions shall comply with this Court's Local Form 4003-2 under Bankruptcy Rule 4003(d). A motion to avoid a judicial lien on exempt real estate shall include the full legal description of the property. The motion shall be served on affected parties in accordance with Bankruptcy Rule 7004 for service of summons and complaint. Local Rule 9013-1 and 9014-1 shall apply to motions to avoid lien. The moving party shall file Local Form 420A, Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing.

B.Chapter 13 cases: Avoidance of nonpossessory, nonpurchase-money security interests in items identified in 11 U.S.C. § 522(f)(1)(B) which impair exemptions to which debtor(s) would be entitled under 11 U.S.C. § 522(b) shall be avoided through the Chapter 13 plan in accordance with Local Rules 3015-1(C). Avoidance of judicial liens pursuant to 11 U.S.C. § 522(f)(1)(A) shall be by separate motion. A motion to avoid a judicial lien on exempt real estate shall include the full legal description of the property. Motions shall comply with this Court's Local Form 4003-2 under Bankruptcy Rule 4003(d). The motion shall be served on affected parties in accordance with Bankruptcy Rule 7004 for service of summons and complaint. Local Rule 9013-1 and 9014-1 shall apply to motions to avoid lien. The moving party shall file Local Form 420A, Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing.