Local Rule 3015-10: Motions to Value Property Subject to Lien Under Plan

3015-10. Motions to Value Property Subject to Lien Under Plan.

(a) Format. A request to value property subject to a lien and to treat a claim as unsecured pursuant to §§ 506(a) and 1322 and FRBP 3012 must be noticed as a motion in accordance with FRBP 9014 and LBR 9013-4 by using Local Form CSD 1171.1. If timely opposition of the motion is not filed, then LBR 9013-10(a) will apply and the Court may deem the non-Movant to have consented to the motion.

(b) Party to Be Named. If a proof of claim has been filed, the party to be named in the motion is the "Name of Creditor" listed on Form B 410.

(c) Service. The motion must be served in accordance with FRBP 7004 Service.

(d) Deadlines for Motions to Value.

(1) The motion must be filed no later than 28 days after a proof of claim is filed by the creditor whose lien the debtor seeks to treat as unsecured, or 28 days after the claims bar date, whichever is earlier.

(2) If a motion is not timely filed, the Court may upon proper motion grant an extension for good cause. Alternatively, the failure of a debtor to timely file a motion may form the basis for: a denial of the confirmation of a plan containing a paragraph that seeks to value property subject to a lien and treat the claim as unsecured; dismissal of the chapter 13 case based on a finding of unreasonable delay that is detrimental to creditors; or other similar action appropriate under the facts of the case.

(3) A hearing must be obtained that is no later than 42 days after the date the motion is served. Untimely motions will not be given a hearing date without further order of the Court.

(4) Opposition to a lien strip motion is due 28 days after service of the motion.

(5) If no opposition is timely filed, then the debtor may submit to the Court an order granting the motion substantially conforming to Local Form CSD 1171.2.