Local Rule 4003: Motion to Avoid Liens under Bankruptcy Code § 522(f)(1)

L.R. 4003 – Motion to Avoid Liens under Bankruptcy Code § 522(f)(1). A. Requirements. Any debtor seeking to avoid a lien pursuant to Section 522 of the Bankruptcy Code shall file a separate written motion as to each alleged lien holder. The motion shall identify:

1. the lien to be avoided, its amount, and the date the debt that the lien secures was incurred; 2. the amount, listed separately, of all other liens on the property; 3. if applicable, the amount of the impaired exemption; 4. the statute allowing the exemption; 5. the value of the subject collateral; and 6. the specific statutory provision under which relief is sought.

Motions to avoid judicial liens shall also include the case number and the Court where the underlying judgment was entered, the date of the judgment, and shall list the common address of any real property affected by the lien.

B. Nonpossessory, Nonpurchase Money Security Interests in Household Goods. Motions to avoid a nonpossessory, nonpurchase money security interest in household goods under Section 522(f)(1)(B) of the Bankruptcy Code must, in addition to the requirements in subsection A of this Rule, specifically identify the household goods that are subject to the security interest sought to be avoided, referring to the definition of "household goods" provided in Section 522(f)(4) of the Bankruptcy Code.

C. Service and Notice. The debtor shall serve the motion and notice thereof on the lien holder, in accordance with Rule 9014(b) of the Federal Rules of Bankruptcy Procedure. The notice shall allow 21 days from the date of filing to file objections. The debtor shall file the notice and certificate of service with the Court.