Local Rule Rule 4003-2: Lien Avoidance
Bankr. N.D. Iowa — Civil rule
Rule 4003-2 Lien Avoidance
(a) A lien avoidance motion filed pursuant to 11 U.S.C. § 522(f) must contain:
(1) the factual basis for the motion. If the lien sought to be avoided is a judicial lien, the motion must describe the judicial proceeding in which the lien arose.
(2) a complete description of the property which is subject to the motion. If the property is real property, the motion must contain the property's legal description.
(b) Movant must serve a copy of the motion together with a notice of the right to object to the motion upon all affected creditors, the trustee and the United States Trustee, and shall promptly file a proof of service. The notice must advise the parties against whom relief is sought that they have 21 days (35 days if the lienholder is the United States or an officer or agency thereof) in which to file an objection to the lien avoidance motion with the Clerk and to serve a copy upon the movant. The notice also shall advise the affected party that if a timely objection is not filed, an order may enter granting the relief requested. Service upon a creditor must include both the creditor and the creditor's attorney, if an appearance or pleading has been filed in the case by the attorney for the creditor.
(c) If no creditor has filed a timely objection, movant's attorney shall submit a proposed order granting the motion to avoid lien. The submission of such an order shall constitute a certification by movant's attorney that the movant's attorney has not been served with timely filed objections and it is now appropriate for the Court to enter an order granting the motion to avoid lien. The proposed order must describe the property which is the subject of the order and if the property is real property, the proposed order must contain its legal description. If the lien to be avoided is a judicial lien, the proposed order must describe the judicial action in which the lien arose.
(d) A debtor moving to avoid a judicial lien against his or her homestead may join with the motion an alternative request for a determination that the creditor's lien has not attached to the homestead.